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This symbiotic relationship, however, is being threatened by SB 804 and HB 631. Florida law currently <br />has a balance to protect important private property rights with those of the public. The Florida Supreme <br />Court has held that customary use of Florida dry sand beaches ("Customary Use Doctrine") is <br />established where recreational use of the sandy area adjacent to mean high tide has been ancient, <br />reasonable, without interruption and free from dispute. <br />The Florida judicial branch has already determined that the Customary Use Doctrine requires courts to <br />make a determination in certain circumstances. <br />This legislation, however, would require the court to make a determination in every circumstance. What <br />happens when there is no private fee owner of the sandy beach area involved in the case? Should local <br />governments and the State of Florida continue to use tax dollar funds on beach restoration projects for <br />the public's benefit knowing that the public access could be denied as soon as an impacted parcel is <br />sold to a private fee holder? What happens when a private property owner restricts permitted sea turtle <br />monitors access to a section of beach that has had a recent nest? The existence of customary use with <br />respect to a particular section of beach is fact -specific and cannot be established by state legislation. <br />Sincerely, Sincerely, <br />Peter D. O'Bryan, Chairman <br />Indian River County Board of County Commissioners <br />cc: The Honorable Senator Debbie Mayfield, District 17 <br />The Honorable Senator Joe Negron, District 25 <br />Representative Erin Grall, District 54 <br />Indian River County Board of County Commissioners <br />Jason Brown, County Administrator <br />IVA <br />"Am" �, aw, <br />Mike Ochsner, Chairman <br />Beach Advisory Committee <br />Dylan Reingold, County Attorney <br />Beach and Shores Preservation Advisory Committee Members <br />