Quote:
Originally Posted by David2.0
In South Florida, is it allowed to just land your dinghy onto the beach?
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http://https://www.flseagrant.org/wateraccess/beaches/
In Florida, growing public controversy has arisen pertaining to ongoing loss of beaches and public access to the coast. The controversy revolves around two competing values: the entrenched principal that private property may be held to the exclusion of others, and the long-standing tradition of allowing the nation’s coastlines to be free for public use. This tension between public use and private right, though prevalent in many coastal regions of the country, is particularly intense in Florida due to the low elevation and hundreds of miles of sandy coastline that draws millions of tourists to the state every year.
One of the leading concerns is decreasing lateral access, or public access along the shoreline. Lateral shoreline access has been reduced by beach loss, which has been exacerbated by stronger storms, as well as human solutions, such as shoreline armoring. Another common problem is a lack of clear information on public access and enforcement responsibilities across the state, which has led to confusion and conflict in some communities over maintaining public access to and along the shoreline.
Another major concern involves perpendicular access, or public access routes to the shoreline. Florida technically has thousands of designated public beach access points. However, many of these corridors have been compromised by development and adjacent land owners; encroaching vegetation; “hidden, missing, or inaccurate signage; dune walkover access ways closed due to damage or erosion; inadequate or nonexistent parking at public access points; and inadequate or nonexistent beach facilities such as restrooms, lifeguards, sidewalks, or showers.” (Holland, Public Access to the Florida Coast: 1995 Issues at 20–22, Fla. Dep’t of Comm. Affairs 1995).
Beach Users
The public has a right of access along the beaches and shorelines of Florida situated below the “mean high tide line” (see diagram below).
Article X, Section 11 of the Florida Constitution clarifies that the state holds the land seaward of the mean high-tide line (MHTL) in trust for the public. That is the strip of "wet beach". This is commonly known as the “Public Trust Doctrine.” Traditionally, the public trust doctrine contemplated
fishing, commerce, and
navigation as a basis for public access, but more recently has been expanded to embrace recreational uses such as bathing and swimming.
As part of the public trust doctrine, beaches are essential public coastal recreational resources. Providing coastal recreational opportunities accessible to the public is a fundamental objective set forth in the State’s Comprehensive Plan. Specifically, Section 187.201(8)(b)(2) of the Florida Statutes seeks to “Ensure the public’s right to reasonable access to beaches.
In Florida, unless the dry sand is already owned for public use (such as in local, state, or federal parks), private beachfront property extends to the MHTL. Although property below the MHTL belongs to the state, private property owners may have the ability to exclude public access to or through their property.
As a beachfront landowner, what are my
legal rights and responsibilities to control public use of my property? What is the
scope of my
ownership, and what are its limitations?
You have the right to determine who can access your waterfront land:
Invitees
Licensees
Trespassers