customary use

New Non-profit...

On the morning of July 14, longtime Walton County, Florida resident Daniel Uhlfelder decided to go to the beach.

Instead of rest and relaxation, he found himself in the middle of a confusing debate about public versus private property...

New non-profit formed...

Florida Beaches for All, a newly-formed nonprofit organization, has set the goal of preserving and perpetuating the doctrine of customary use of the beach in Florida and “all of coastal America,” according to the group’s mission statement...

Time to make a stand in the sand...

"All the beaches of South Walton and Florida have been uninterrupted in their human use for many centuries. A doctrine of “Customary Use” gives all of us reasonable access and enjoyment on private and public beaches."

Document: Walton was singled out by HB 631 for customary use

Photo courtesy of North West Florida Daily News

Photo courtesy of North West Florida Daily News


A South Florida Democrat did much of the heavy lifting to guide HB 631 through a Florida Legislature dominated by Republicans.

But state Rep. Katie Edwards-Walpole, D-98th, had input from a law firm that now represents Walton County beach property owners. Attorneys at Hopping Green and Sams helped influence Edwards-Walpole’s decision to amend HB 631 so that only Walton County would feel its impact.

And the impact has been profound.

After July 1, when HB 631 went into effect, coastal property owners in Walton County began posting no trespassing signs and taking action to keep almost everyone, including county tourist development employees, off of the dry sand portions of beach to which they hold deeds.

Proponents of customary use, the theory that beaches have been public property for as long as humans have utilized them, have taken offense at the private owners’ actions and are loudly disputing their claims that some portions of the beach are off-limits. Some have even begun testing the private owners’ assertions that they have the right to remove trespassers.

Confrontations are occurring nearly daily between beachgoers and private property owners. Local law enforcement, faced with a quandary over enforcement of trespassing regulations, is often summoned to mediate beach front disputes.

Walton County is alone among 67 Florida counties facing the controversy created by HB 631.

Records show that sometime between November of 2017 and Jan. 11, 2018, HB 631 was amended to exclude Volusia and St. Johns counties — the only two Florida counties other than Walton to have established customary use ordinances — from the bill’s provisions.

While Walton County’s customary use ordinance was shredded by the bill when Gov. Rick Scott signed it into law, Volusia and St. Johns ordinances were allowed to stand, seemingly simply because they were adopted before Jan. 1, 2016.

On Jan. 9, an email was sent from attorney Gary Hunter at Hopping Green and Sams to Edwards-Walpole at the firm of Saul Ewing Arnstein and Lehr, her place of business in Fort Lauderdale.

In the email Hunter states that he and “the lawyers litigating the Walton County case” feared that incorporating Volusia and St. Johns counties into HB 631 would spur more Walton County lawsuits.


Walton County trashes private beach garbage collection

Photo courtesy of North West Florida Daily News

Photo courtesy of North West Florida Daily News


Letters would be sent out Tuesday or Wednesday, Noyes said, informing all owners that as of Aug. 13 they would be responsible for picking up their own beach trash, something Walton’s Tourist Development Council has done for years.

DeFUNIAK SPRINGS — Walton County is notifying coastal private property owners that its crews will no longer collect garbage from the beaches at their homes or condominiums.

County Attorney Sidney Noyes told county commissioners Tuesday that enough owners had refused to back off previous requests to keep county vehicles off their land to warrant the decision to halt all garbage collections.

“Unfortunately, even though some of these individual private property owners have rescinded their requests, others are not willing to, so it looks like we will not be able to continue the garbage collection service on private property,” Noyes told the board.

Noyes said letters would be sent out Tuesday or Wednesday to inform all owners that as of Aug. 13 they would be responsible for picking up their own beach trash, something Walton’s Tourist Development Council has done for years.

The county had to obtain permission from some of the private property owners even to extend the final collection date into the middle of next month.

“It does look like we will be able to make it through the rest of the summer season,” Noyes said.

The county’s move is the latest fallout from the July 1 implementation of a new state law. HB 631 wiped out Walton County’s customary use ordinance and gave private beachfront owners the ability to post no trespassing signs on their property and prevent people from accessing dry sand areas there.


EDITORIAL: Beaches in Walton County are worthless

Photo courtesy of the North West Florida Daily News

Photo courtesy of the North West Florida Daily News

Before you get upset with us about today’s headline, let us explain.

“Worthless” isn’t to discount their beauty, how much people want to use them or how much people pay to live near them.

“Worthless” is about the actual monetary value of the beach when it comes to assessing the fair market value of property along the Gulf. It’s a real statement, not hyperbole, rhetoric or exaggeration. It’s not about projected sale prices. It’s about a calculation used to determine taxes paid on the land itself.

Customary use has become a hot-button topic along the shoreline in Walton County. For those of you who haven’t been keeping up, on July 1 some beaches in Walton County became closed to the public through a new law, H.B. 631. Property owners whose deeds are marked to the mean high-water line gained exclusive rights to use the dry sand on their respective properties. Bottom line, if you don’t own a house on the beach or aren’t part of a homeowners association along the beach, the places you can go to the beach have been limited under this law.

Customary use now is being claimed by several of the county’s residents. Customary use basically says that people always have used these beaches, well before anyone owned them, and that using these beaches is a right of all people.

And, yes, it’s complicated. And, yes, people are angry. And, yes, it’s going to cost the citizens of Walton County all a lot of money to settle.

But none of that money will come from property taxes paid by property owners for beach property. You see, this is about a lot of things — property rights, ego, beach behavior, money — but it isn’t about taxes.

Whether your property line stops at the dunes or goes down to the Gulf, your taxes aren’t different. That’s because any land beyond those dunes can’t be developed. There’s nothing you can do with it, so those lands, owned or not, do not impact property values.

The land value that determines the fair market value of these homes, thereby deciding how much tax should be paid for that land, is based on the amount of land owned at the Coast Construction Control Line. If both you and your neighbor have 180 feet of Gulf-facing land, and all things are equal with that land except that you own to the high mean-water line and your neighbor’s deed stops at the dunes, your land will have the same assessed value.

Obviously, that doesn’t mean your taxes are the same. What you’ve put on that land will impact your value, as will dozens of other factors in the state of Florida, but owning a deed to the beach’s dry sand doesn’t increase the value at all. It’s worthless.

The debates about customary use, property rights, use of eminent domain and public access to Florida’s beaches all continue to be appropriate. But it’s time to stop pretending any of this is about taxes.


Customary use battle reaches boiling point in Walton County

Photo courtesy of North West Florida Daily News

Photo courtesy of North West Florida Daily News

By Annie Blanks 

DUNE ALLEN BEACH — The Turgeon family from New Orleans was sitting on the beach on a hot Tuesday morning watching their young children play in the sand, when they were approached by a Walton County sheriff’s deputy.

The deputy had been called by homeowners in Vizcaya, a multimillion dollar gated beachfront community, who wanted to enforce trespassing laws on the beach in front of their homes.

“He was nice about it,” Leah Turgeon said as she began packing up her things. “But it’s definitely a hassle. Now we have to move all of our stuff.”

The Turgeon family, who said they were confused about signage and were unaware of where the “public” beach met the “private,” was one of many caught in the crosshairs of the new customary use law that went into effect July 1. The law, called House Bill 631, essentially voids Walton County’s customary use ordinance and allows private property owners the right to claim the beach in front of their homes as private property, up to the mean high water mark, or wet sand.

Homeowners in the Vizcaya neighborhood have been perhaps the most vocal supporters of the new law in Walton County, and Bill Hackmeyer, a property owner and Homeowners Association president, is a big part of the reason why.