Establishment of recreational customary use, FL Statute 163.035

• Did you know that a person who owns property on a beach owns that beach all the way down toward the water to the Mean (average) High-Water Line (MHWL)?

• Did you know that the MHWL is much closer to the ocean than most people realize? That, in fact, it is actually under water during most high tides?

• Did you know that the owners of beach-front properties can legally prohibit people from walking or otherwise being on THEIR beaches?

People have used Florida’s beaches pretty much without anyone telling them they couldn’t. But, more recently, some landowners, have objected to the public using the part of the beach that is part of the property they bought and own (the part that is above the MHWL). So conflicts and court cases occurred that eventually led to Florida Statute 163.035. It basically says that all previous laws allowing the public to use all of the beach (not just the part below the Mean High Water Line) are null and void—and that new laws allowing such use cannot be made. However: The law goes on to explain a process by which the public can regain the right to use the beaches above the MHWL by Judicial Declaration.

The areas in red & orange are pristine beaches in a natural state. The area in red has 3 beach access trails that are eastward extensions of the roads (the center trail is marked by the red flag in the photo). Many residents of communities in this area, and visitors, use these beach accesses because they are open to the public. 

The area outlined 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 prohibiting the public 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 that leaves you with virtually nowhere to go - especially at high tide.

 In an effort to prevent such a situation, Fort Pierce Shores Preservation, Inc is leading an initiative to request that St. Lucie County seek a Judicial Declaration to affirm the public's right to continue to use the dry sand beach in this area because our use has been "ancient" (60+ years),"reasonable" (simple recreation East of the frontal dune), and without "interruption" or "dispute" [as provided for in FL Statute 163.035].  At the moment we are focusing on the area shown above as under "immediate threat", but other areas could be pursued as well.

The Statute requires proof of the public's uninterrupted use for a long time. To this end we are collecting statements and pictures describing the history of your beach use - especially in the red area shown above. We will compile these and present them to the County to use as proof of our right to this Judicial Declaration. Please send your statements and photos to:  FortPierceShoresPreservation@gmail.com

As a non-profit operated by all volunteer labor, we also appreciate donations of funds to cover attorney fees and talent contributions. 

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