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LEGISLATION r <br />CHAPTER 2018-094, LAWS OF FLORIDA (A.K.A. HB 631) <br />• PROHIBITS A GOVERNMENTAL ENTITY FROM ADOPTING OR KEEPING IN EFFECT AN ORDINANCE OR <br />RULE ESTABLISHING CUSTOMARY USE OF PRIVATELY OWNED DRY SAND AREAS. <br />• A GOVERNMENTAL ENTITY SEEKING TO ESTABLISH THE CUSTOMARY USE OF PRIVATELY OWNED <br />LANDS IS REQUIRED TO ADOPT, AT A PUBLIC HEARING, A FORMAL NOTICE OF INTENT, PROVIDE <br />NOTICE TO AFFECTED PARCEL OWNERS, AND FILE A COMPLAINT WITH A CIRCUIT COURT TO <br />DETERMINE WHETHER THE LAND IS SUBJECT TO THE CUSTOMARY USE DOCTRINE. <br />• A GRANDFATHER CLAUSE WAS PUT INTO PLACE FOR ANY ORDINANCE OR RULE ADOPTED AND IN <br />EFFECT PRIOR TO JANUARY 1, 2016. <br />• ANOTHER CLAUSE STATES A GOVERNMENTAL ENTITY MAY RAISE CUSTOMARY USE AS AN <br />AFFIRMATIVE DEFENSE IN PROCEEDINGS CHALLENGING AN ORDINANCE OR RULE ADOPTED PRIOR <br />TO JULY 1, 2018. <br />POSSIBLE UNINTENDED CONSEQUENCES <br />BEACH RENOURISHMENT PROJECTS <br />• INDIAN RIVER COUNTY PARTNERS WITH THE STATE OF FLORIDA ON MOST OF ITS PROJECTS. <br />• IN DOING SO, AN EROSION CONTROL LINE (ECL) HAS BEEN ESTABLISHED ON MOST OF ITS BEACHES. <br />• ONCE ESTABLISHED, THE ECL REPLACES THE MHWL AS THE LINE BETWEEN PUBLIC AND PRIVATE PROPERTY. <br />• HOWEVER, WHILE THE ECL IS USUALLY HIGHER THAN THE MHWL, IT USUALLY DOES NOT INCLUDE THE SAND DUNES. <br />• THIS CREATES A POTENTIAL ISSUE IF THE DUNES NEED TO BE RENOURISHED DUE TO A STORM EVENT OR NATURAL <br />EROSION. <br />• IF INDIAN RIVER COUNTY IS DENIED ACCESS TO CERTAIN AREAS OF THE BEACH BY COASTAL HOMEOWNERS, THE <br />COASTAL MANAGEMENT PLAN COULD BE JEOPARDIZED. <br />• SEA TURTLE MONITORING RESTRICTIONS <br />6/7/2018 <br />'U, -5 <br />