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Peter D. O'Bryan <br />Chairman <br />District 4 <br />Bob Solari <br />Vice Chairman <br />District 5 <br />January XX, 2018 <br />Senator Greg Steube <br />Chair, Committee on Judiciary <br />326 Senate Office Building <br />404 South Monroe Street <br />Tallahassee, FL 32399-1100 <br />Senator, Lizbeth Benacquisto <br />Vice Chair, Committee on Judiciary <br />400 Senate Office Building <br />404 South Monroe Street <br />Tallahassee, FL 32399-1100 <br />RE: Senate Bill 804 and House Bill 631 Language re Customary Use <br />Dear Senators Steube and Benacquisto, <br />Susan Adapts <br />District 1 <br />Joseph E. Flescher <br />District 2 <br />Tim Zorc <br />District 3 <br />We are writing to you today in opposition of the SB 804 and HB 631. This legislation threatens to <br />interfere with the public's right to recreationally use beach areas that have been gained through <br />customary use. It also could undermine local beach restoration programs across the State of Florida. <br />Florida's beaches are essential to both economic development and tourism and provide critical nesting <br />habitat to protected sea turtles. Indian River County has over 20 miles of beautiful beaches along the <br />Atlantic Ocean. Over the years, Indian River County has partnered with the State of Florida on various <br />beach projects using taxpayer funds. These beach restoration projects not only provide a recreational <br />benefit to the public, but they also provide a financial advantage to private property owners. As we <br />witnessed with Hurricanes Matthew and Irma, a healthy beach restoration program saves valuable <br />infrastructure from being impacted by pounding waves and the erosion of sand. <br />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. The Florida judicial branch has already <br />determined that the Customary Use Doctrine requires courts to make a determination in certain <br />circumstances. <br />1801 2711, Street, Building A <br />Vero Beach, FL 32960 <br />(772) 226-1490 <br />T X03 -13 <br />