Lawmakers in other coastal counties in Florida are continuing to debate a controversial public/private beach access law that has caused protests, litigation and mass confusion about public beach access and oceanfront property rights.
The law, called HB 631, went into effect July 1, prompting beachfront property owners around the state to begin posting no trespassing signs for the dry sand portions of beach now considered their property.
While a big problem elsewhere, HB 631 is largely a moot point along Brevard County beaches because of existing sand re-nourishment agreements signed by the majority of property owners over the years.
Reacting to the backlash about the law in other areas, Sen. Darryl Rouson (D-St. Petersburg) filed a bill (SB 54) that would repeal the law.
That proposal is up for consideration during the 2019 session, which starts in March, but has not been given a high chance of passing and becoming law, according to Indian Harbour Beach City Manager Mark Ryan.
This bill has been referred by Senate leadership to four committees (Judiciary; Community Affairs; Environment and Natural Resources; Rules), which is required before being heard on the floor of the Senate. However, the bill still has a long road to travel. A member of the Florida House of Representatives must still sponsor a companion bill. Then both the House and Senate bills must make it through multiple jurisdictional committees assigned by the respective leadership. Then the House and Senate bills must be reconciled into identical language, passed on the floor of each body, and finally signed into law by the governor.
“There are many challenges to passage of this legislation,” he said.
As part of HB 631, local governments that want to ensure “customary use” of those beach areas above the mean high-water line must receive separate judicial approval for each area in question.
Brevard County sand re-nourishment agreements cover the beaches from Port Canaveral south to Spessard Holland Park in Melbourne Beach, excluding the section at Patrick Air Force Base. Further south in the Archie Carr National Wildlife Refuge, there are sections of beach not covered by the county agreements, but with other types of permission granted from the property owners earlier, according to Mike McGarry, Beaches, Boating and Waterways program manager for Brevard County.