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dune system to the mean high water line (commonly known as the sandy beach or dry <br />sand beach); and <br />Whereas, the County accordingly must act to secure the right of the public's <br />customary use of the beach for recreational purposes. <br />NOW THEREFORE, BE IT ORDAINED by the Flagler County Board of County <br />Commissioners, as follows: <br />Section I. Findings. The foregoing shall be incorporated as findings of fact. <br />Section 11. Additional Findings. <br />A.) The Customary Use Doctrine <br />1. Art. X, §11 of the Florida Constitution declares that the State holds <br />title to land under navigable waters, including beaches of theAtlantic <br />Ocean below the mean high water lines, in trust for all the people. <br />2. The Florida Supreme Court has long recognized the right of the <br />public to access and enjoy Florida's oceans and beaches as a <br />natural adjunct to use of the foreshore area—most notably in the <br />1939 case of White v. Hughes and the 1974 case of .City of Daytona <br />Beach v. Tona-Rama, Inc. <br />3. The State Comprehensive Plan, as codified at Section <br />187.201(8)(b)2, Florida Statutes, expresses the Legislature's intent <br />to preserve the public's right to reasonable access to beaches. <br />4. The Coastal Management Element of the Flagler County <br />Comprehensive Plan includes objectives to ensure beach access <br />and the overall quality of the beach environment. <br />5. The United States District Court for the Northern District recently <br />held in the 2017 case of Alford v. Walton County, that the public's <br />right to utilize the dry sand area of Florida beaches does not arise by <br />judicial recognition but is acquired by custom, which emanates from <br />long-term, open, obvious and widely accepted and widely -exercised <br />public use. The court further held that Walton County was legally <br />empowered to enact a customary use ordinance. <br />6. in the 2007 case of Trepanier v. County Of Volusia, the Fifth District <br />Court of Appeal explained that evidence of the long-term, customary <br />use of a beach by the public could be demonstrated by reference to <br />a general area of the beach and need not be proven on a parcel -by - <br />parcel basis. <br />Page 4 of 11 <br />201 <br />