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HomeMy WebLinkAbout2018-015BPeter D. O'Bryan Chairman District 4 Bob Solari Vice Chairman District 5 January 23, 2018 The Honorable Senator Tom Lee Chair, Community Affairs Florida State Senator, District 20 418 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Representative Chris Sprowls Chair, Committee on Judiciary Florida State Representative, District 65 422 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 FL RO Iii' E� Susan Adams District 1 Joseph E. Flescher District 2 Tim Zorc District 3 The Honorable Senator Aaron Bean Vice Chair, Community Affairs Florida State Senator, District 4 306 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Representative Shawn Harrison Vice Chair, Committee on Judiciary Florida State Representative, District 63 417 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 RE: Senate Bill 804 and House Bill 631 Language Relating to Customary Use To the Honorable Senators Lee and Bean and Representatives Sprowls and Harrison: We are writing to you today in opposition of the SB 804 and HB 631. This legislation threatens to interfere with the public's right to recreationally use beach areas that have been gained through customary use. It also could undermine beach restoration programs across the State of Florida and here locally in Indian River County. Florida's beaches are essential to both economic development and tourism and provide critical nesting habitat to protected sea turtles. Indian River County has over 20 miles of beautiful beaches along the Atlantic Ocean. Over the years, Indian River County has partnered with the State of Florida on various beach projects using taxpayer funds. These beach restoration projects not only provide a recreational benefit to the public, but they also provide a financial advantage to private property owners. As we witnessed with Hurricanes Matthew and Irma, a healthy beach restoration program saves valuable infrastructure from being impacted by pounding waves and the erosion of sand. 1801 271h Street, Building A Vero Beach, FL 32960 (772) 226-1490 This symbiotic relationship, however, is being threatened by SB 804 and HB 631. Florida law currently has a balance to protect important private property rights with those of the public. The Florida Supreme Court has held that customary use of Florida dry sand beaches ("Customary Use Doctrine") is established where recreational use of the sandy area adjacent to mean high tide has been ancient, reasonable, without interruption and free from dispute. The Florida judicial branch has already determined that the Customary Use Doctrine requires courts to make a determination in certain circumstances. This legislation, however, would require the court to make a determination in every circumstance. What happens when there is no private fee owner of the sandy beach area involved in the case? Should local governments and the State of Florida continue to use tax dollar funds on beach restoration projects for the public's benefit knowing that the public access could be denied as soon as an impacted parcel is sold to a private fee holder? What happens when a private property owner restricts permitted sea turtle monitors access to a section of beach that has had a recent nest? The existence of customary use with respect to a particular section of beach is fact -specific and cannot be established by state legislation. Sincerely, Sincerely, Peter D. O'Bryan, Chairman Indian River County Board of County Commissioners cc: The Honorable Senator Debbie Mayfield, District 17 The Honorable Senator Joe Negron, District 25 Representative Erin Grall, District 54 Indian River County Board of County Commissioners Jason Brown, County Administrator IVA "Am" �, aw, Mike Ochsner, Chairman Beach Advisory Committee Dylan Reingold, County Attorney Beach and Shores Preservation Advisory Committee Members