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the historical use of the beaches within Indian River County and adopting an ordinance declaring specific areas of the beach that have been used uninterrupted for a long period of time to be public under the customary use doctrine. The second option is to enter into agreements with the individual property owners along the coastline in Indian River County to receive written permission to transverse and renourish the area of sandy beach between the unvegetated dune seaward to the MHWL or ECL. The third option, which is more of a funding option, is to create a special taxing district (a.k.a. erosion control district) to "initiate and carryon such studies and investigations as may be necessary to plan a logical and suitable program for comprehensive beach and shore preservation." There are at least three of these districts in Florida: the St. Lucie County Erosion District, the Town of Jupiter Island Beach Protection District, and the Captiva Erosion Prevention District (CEPD). Pursuant to Chapter 161, these districts are authorized to raise funds to support the county's beach and shore preservation program. The districts are also authorized under Chapter 161 to enter upon private property for purposes of making surveys, soundings, drillings and examinations, and such entry shall not be deemed a trespass.8 Moreover, the CEPD has placed in its internal rules and regulations that it is authorized to issue an "emergency repair and/or maintenance order" for any project constructed by any person, firm, corporation, public or private, within the DEPD's jurisdiction. RECOMMENDATION. The County Attorney's Office recommends the Board determine whether to direct staff to draft an ordinance relating to the customary use doctrine, to draft an agreement for permission to access and renourish the area of sandy beach between the unvegetated dune seaward to the MHWL or ECL, or move forward with the next steps in establishing a special taxing district. ATTACHMENT(S). A copy of the draft ordinance from Flagler County. 7 s. 161.28, F.S. 8 s. 161.36(5), F.S. 197