Current Law

In the Laws of Florida Ch. 2025-178: Section 1 repeals FL Statute 163.035.
(It is a substitute for SB 1622)
“Under SB 1622, counties and cities can once again adopt ordinances recognizing recreational customary use, such as walking, fishing and swimming without having to obtain costly judicial declarations on a parcel-by-parcel basis. The bill repeals a 2018 law that limited the ability of local governments to uphold long-standing public beach access traditions.”
“In addition, SB1622 clarifies that the state is not expanding public ownership beyond what is already recognized by law, protecting private property rights while advancing projects in the public interest.”

Quotes taken from Governor’s Press Release on June 24, 2025
“GOVERNOR RON DESANTIS SIGNS LEGISLATION TO PROTECT LOCAL BEACH ACCESS AND EXPEDITE COASTAL RESTORATION”

“Repeal of FL Statute 163.035 means a return to how customary use rights were determined prior to enactment of the statute:

• A governmental entity may declare the existence of a customary use and adopt a local customary use ordinance without following the procedures in s. 163.035, F.S.
• Property owners must file a lawsuit challenging the ordinance and demonstrate in court that the public does not enjoy customary use rights over their privately-owned beaches.
• Courts will apply the common law doctrine of customary use when ascertaining, on a case-by-case basis, whether the public enjoys customary use rights over privately-owned beaches.

Practically speaking, this would allow (but not require) a local government to adopt an ordinance or rule that finds, determines, relies on, or is based upon customary use of any portion of a beach above the mean high-water line without the need to first obtain a judicial declaration affirming a recreational customary use on such beach.”

Source:  https://www.flsenate.gov/Session/Bill/2025/6043/Analyses/h6043c.NRD.PDF
FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS prepared by nonpartisan committee staff
STORAGE NAME: h6043c.NRD       DATE: 4/1/202
HB6043 is companion bill to SB1622

“Public Trust Doctrine”
The “public trust doctrine” in the Florida Constitution provides… that, generally speaking, beaches below the mean high-water line are held by the state, by virtue of its sovereignty, in trust for all the people.  Thus, persons are generally free to wander beaches up to the mean high-water line – that is, up to the point where the dry sand begins – even where the adjacent property is privately owned.

Recreational Customary Use Doctrine
The United States Supreme Court has long recognized that land ownership is subject to various limitations, including so-called “background principles” of property law derived from the common law as it has evolved over time. Florida courts generally recognize one such “background principle” – that is, the “recreational customary use doctrine” – and its application to Florida’s beaches. Under this doctrine, if a recreational use of a sandy area of beach adjacent to the mean high-water line has been ancient, reasonable, without interruption, and free from dispute, the courts typically find that such use should not be interfered with by ocean-front property owners; however, the courts also typically find that such a property owner may make any use of his or her property which is consistent with such public use and not calculated to interfere with the exercise of the public’s right to enjoy the dry sand area of the beach as a recreational adjunct of the wet sand or foreshore area.”

Source:  https://www.flsenate.gov/Session/Bill/2025/6043/Analyses/h6043c.NRD.PDF
FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS prepared by nonpartisan committee staff
STORAGE NAME: h6043c.NRD       DATE: 4/1/202
HB6043 is companion bill to SB1622

Legal Disclaimer

The information provided on this website by Fort Pierce Shores Preservation, Inc. is for general informational and educational purposes only. While we strive to share accurate and helpful information regarding environmental and community matters, Fort Pierce Shores Preservation, Inc. is not a law firm, and its members, volunteers, and contributors are not acting as attorneys.

Nothing on this website, including articles, resources, comments, or communications, should be interpreted as legal advice, legal opinions, or a substitute for advice from a qualified attorney licensed in your jurisdiction.

Visitors to this website should not rely on any information contained herein as a basis for making legal decisions. If you require legal advice regarding environmental regulations, property rights, community governance, or any other legal matter, you should consult with a licensed attorney or other qualified legal professional.

Examples:

Yet, this same area (in red) has been purchased by a developer who repeatedly emphasizes his ownership of the beach to the high-water mark, which could result in them attempting to prohibit the public and the residents from using that area of dry sand beach. You would not be able to walk across or set up your chairs and towels on this dry sand. The 3 public beach accesses would lead you to an area with virtually nowhere to go at high tide.

In a meeting by District Planning Group on 6/14/23 about the beachfront property along North Ocean Dr. in Fort Pierce Shores, they attempted to negotiate an agreement in which the residents of FPS and the public would give up all but 30’ of our 40’, 70’, and 70’ rights-of-way in order to increase the owner’s development potential – in exchange for “a dry beach access easement…providing assurance of public access to the full beach eastward of the dune”.

We believe we should be able to retain our full access rights according to the Final Judgement; and be able to continue to utilize the dry sand beach for recreation as we have done for over 60 years (doctrine of Customary Use).

The coastline on North Hutchinson Island has many high-rise condo communities as well as some more private residences.  There are also homes, low-rise and high-rise communities West of A-1-A, of which many have a dedicated beach access path.  Just imagine if some of the beachfront properties were to “privatize their dry sand beach”.…where would West-side residents go when they reached the end of their access path?  They can’t all fit within the width of their path on the beach.  And if one beachfront property “privatizes”, then more may want to do the same.

In an effort to prevent conflicts and court cases, Fort Pierce Shores Preservation and the North Beach Association are together asking the St. Lucie County Board of County Commissioners to create and pass an Ordinance.  Our goal is to create a County Ordinance that will protect the rights of the public to use the entire beach East of the frontal dune (or permanent vegetation line) for ordinary recreational purposes.  Ordinary recreation would include: fishing, surfing, walking & running, playing a game or ball, chairs, towels, etc.

The Ordinance should also protect the rights of beachfront property owners against any trespass West of the designated area, protect the structural integrity of the dunes and vegetation, and prohibit littering.

Sample of a Testimonial Statement describing our present and past use of the beaches on North Hutchinson Island in St. Lucie County. NOTE: Be sure to include the time frame of your use, your type of use (e.g. sunbathing), and the location of your use.

We fell in love with North & South Hutchinson Islands the first time we visited in 2008. The great attraction for us has always been that it was not overdeveloped; lots of open space, natural beauty, and public access.  In other areas you can go for miles and barely get a glimpse of the ocean because it is all privately owned and gated or posted.  We rented and looked at homes for years before finding our haven in 2016 in the community of Fort Pierce Shores; it was love at first sight.  Living in this community we have walking access to the most beautiful pristine beach down natural beach paths.  These paths were dedicated to residents in our community and the public in 1963 by the corporation that founded our community, North Beach Development Co.  As it says in the Dedication, “North Beach Development Company wishes to assure all owners and occupants of lots in said subdivision of access to the Atlantic Ocean beaches lying in close proximity to said subdivision…”.

Therefore, certainly the residents of Fort Pierce Shores would never imagine that once they arrive at the beach, a community property owner might prohibit them from enjoying any portion of our community’s beachfront area East of the frontal dune.

My husband walks the beach daily, always with his Wal-Mart bag in hand, and gathers trash all across the beach, including to the top of the frontal dune.  When relaxing on the beach we usually set up our chairs and place our belongings on the dry sand, and that is where our children and grandchildren like to dig in the sand.  We have been doing this consistently since 2016, specifically on the beach along North Ocean Drive, and also along the entire beach frontage of Fort Pierce Shores.  Frankly I am affronted by the idea that some developer could come in and take our rights to this away.  I know property owners have rights; we are also property owners whose long-established rights should be protected.

I include a picture of me and my Dad, plopped on the dry sand next to the Sea Oates Dr. pathway, because at 85 years of age that was as far as he could walk.

Please send your statements and photos to:
[email protected]

Epic political and legal battle between beach residents and the town’s government over who has the right to use the dry sandy portion of its gulf-front beaches.