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CUSTOMARY USE DOCTRINE IN FLORIDA <br />"NO PART OF FLORIDA IS MORE <br />EXCLUSIVELY HERS, NOR MORE <br />PROPERLY UTILIZED BY HER PEOPLE <br />THAN HER BEACHES. AND THE RIGHT <br />OF THE PUBLIC OF ACCESS TO, AND <br />ENJOYMENT OF, FLORIDA'S OCEANS <br />AND BEACHES HAS LONG BEEN <br />RECOGNIZED BY THIS COURT." CITY <br />OF DAYTONA BEACH V. TONA-RAMA, <br />INC., 294 SO. 2D 73,75 (FLA. 1974). <br />CITY OF DAYTONA BEACH V. TONA-RAMA, INC. <br />• THE FLORIDA SUPREME COURT FOUND PUBLIC HAD A RIGHT OF <br />CUSTOMARY USE OF THE DRY SAND AREA OF THAT SPECIFIC TRACT <br />OF LAND. <br />• THE FLORIDA SUPREME COURT HELD THAT CUSTOMARY USE IS <br />ESTABLISHED WHERE THE "RECREATIONAL USE ... HAS BEEN <br />ANCIENT, REASONABLE, WITHOUT INTERRUPTION AND FREE FROM <br />DISPUTE." <br />• DOES NOT CREATE INTEREST IN THE LAND ITSELF, I.E., NOT AN <br />EASEMENT. <br />• NOW REFERRED TO AS "CUSTOMARY USE DOCTRINE".FIN FLORIDA. - <br />6/7/2018 <br />j -2 <br />