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homeowners had a right to a judicial review and a determination of the existence of customary use rights.4 Subsequently, the Florida Legislature passed, and Governor Rick Scott signed, HB 631 in 2018. HB 631 prohibits a governmental entity from adopting or keeping in effect an ordinance or rule establishing customary use of privately owned dry sand areas. A governmental entity seeking to establish the customary use of privately owned lands is required to adopt, at a public hearing, a formal notice of intent, provide notice to affected parcel owners, and file a complaint with a circuit court to determine whether the land is subject to the customary use doctrine. A grandfather clause was put into place for any ordinance or rule adopted and in effect prior to January 1, 2016. HB 631 also includes a clause that states a governmental entity may raise customary use as an affirmative defense in proceedings challenging an ordinance or rule adopted prior to July 1, 2018. Currently, Indian River County does not have an ordinance that pertains to customary use. The County Attorney's Office has reached out to other coastal counties across the State of Florida in an effort to give the Indian River County Board of County Commissioners (Board) some options on how to proceed forward. While some local governments-- like Flagler County-- are quickly drafting and approving ordinances in an attempt to be able to use customary use as a defense if they are challenged by coastal property owners, others are choosing not to move forward with an ordinance for fears that it may ignite a claim under the Bert J. Harris Act. While the responses of local governments differ between jurisdictions, there is a general consensus that HB 631 could bring unintended consequences like litigation and impacts to beach renourishment programs throughout the State of Florida. One potential issue relates to whether a local government will be denied access to renourish part of a beach within its jurisdiction that is high in the dry sand. Indian River County is fortunate in that it partners with the State of Florida on most of our projects. To do so, Indian River County has established an erosion control line (ECL) on most of its beaches. Once an ECL has been established, it replaces the MHWL and the common law no longer. applies. However, while the ECL is usually higher than the MHWL, it usually does not include the sand dunes. This creates a potential issue if the dunes need to be renourished due to a storm event or natural erosion because title to all lands seaward of the ECL is vested in the state as sovereign, and title to all lands landward of the ECL is vested in the coastal homeowner.5 Moreover, while the State of Florida requires all beach projects receiving state funds to provide for adequate public access, protect natural resources, and provide protection for endangered and threatened species, it is unknown what will happen if a local government decides to pay for a beach renourishment project without the State's assistance. 6 If Indian River County is denied access to certain areas of the beach by coastal homeowners, the coastal management plan could be jeopardized. Another potential issue relates to whether FEMA funding for an emergency storm event will be impacted by the new law. Indian River County has formalized a coastal management plan that includes interlocal agreements with City of Vero Beach and the Town of Orchid. Through these interlocal agreements, the County assumes legal responsibility of large-scale beach management projects. In the past, we have not had any issues with FEMA funding. This is not to say, however, that it will not be an issue in the future, especially in light of the recent change in the laws both at the state and federal level after post Hurricane Matthew. The Board may wish to consider some options to address these issues. The first option includes researching a See Id. 5 s. 161.191(2), F.S. 6 s. 161.101(12), F.S. 196