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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 legislation. <br />Sincerely, <br />Peter D. O'Bryan, Chairman <br />Indian River County Board of County Commissioners <br />Cc: Senator Debbie Mayfield <br />Representative Grall <br />Indian River County Board of County Commissioners <br />Jason Brown, County Administrator <br />Dylan Reingold, County Attorney <br />Sincerely, <br />Mike Ochsner, Chairman <br />Beach Advisory Committee <br />c-�)-d <br />