This page provides a timeline of the history that has led to this point in the conflict over public vs. private beaches in Walton County and throughout the State of Florida.
1974
The Florida Supreme Court upheld the doctrine of Customary Use for Florida beaches in City of Daytona Beach vs. Tony-Rama. Link HERE.
2000
The city of Destin considers a Customary Use Ordinance for its beaches. Beachfront Property Owners hire high-profile lawyer and the city backs down on the ordinance. Link HERE.
2002
A beachgoer was sued for trespassing on the beach in Dune Allen, but the court threw out the lawsuit. Link HERE.
2004
A group of beachfront property owners in Miramar Beach formed a group named Stop the Beach Renourishment (STBR) and tried to stop the renourishment project claiming it was a “taking” of their property. Link HERE.
2006
A Blue Mountain beachfront owner adds the beach to their deed even though it was platted without the beach in 1947 and the beach has always been used by the neighborhood and public. Link HERE.
2007
On the July 4th holiday, a beachgoer was arrested on the beach for trespassing. They accessed the beach by the public Blue Lupine access; the Retreat neighborhood security called the Sheriff. Link HERE.
2010
The Florida Supreme Court ruled against STBR that renourishment did not constitute a taking of beachfront property. This was key to protecting the use of public beaches. Link HERE.
2012
Mike Huckabee builds his home in Blue Mountain and then proceeds to take ownership of the beach in front of his home in Blue Mountain Beach. Link HERE.
2015
Walton County abandons renourishment plans of the remainder of beaches (19 miles) after beachfront property owners campaign against the project. The funding for the project sits unused.
2015
More beachfront property owners “quite titled” claiming beach as part of their deeds. Walton County passes an ordinance banning signs on the beach and are then sued by the Alfords for violating 1st amendment. Link HERE.
Mike Huckabee publishes a Beach Share program asking for a property tax reduction if property owners “share” – but any restrictions they wish could apply.
2016/2017
The Customary Use Ordinance was created Oct 2016, amended in March 2017 by a Committee, and then went into effect on April 1, 2017.
Beachfront Property Owner in Dune Allen (Goodwins) sued the county over the CU ordinance claiming the 5th amendment. Link HERE.
2018
The Goodwins lose their case against the Customary Use ordinance as a 5th Amendment taking.
HB631 law is pushed through the Florida legislature which will require local governments to go through court proceedings parcel by parcel to establish customary use. Link HERE.
Several cities create CU ordinances for beaches before July 1 – like Reddington Beach. Click HERE.
2018-2023
Walton County works to follow HB631 rules to establish Customary Use on all beaches. The process is overwhelming and cumbersome and drags for years. Link HERE.
In May 2023, the County settles two weeks before the trial, with details of settlement not in the interest of public. This settlement prevents the appeal process.
2023
The majority of BMB proceed to add the beach to their parcels.
November, beachfront property owners organize together in the Dune Allen area to sue 1950’s developer for beach not included in their deeds, claiming the beach has grown since 1950’s. Link HERE.
2024
Van Ness Butler public beach access is closed – Watercolor pursued legal action claiming the CU case invalidated the County’s easement on the property. Link HERE.
Some beachfront property owners who are part of settlement are suing the county for not enforcing the settlement.
2024
Florida Court restores
Customary Use in Redington Beach, Florida. Link HERE.
2024
Despite 2024 Tourism in Florida statewide being up results are down along 30A in Walton County Florida. Link HERE.
2024
State Representative Dr. Joel Rodman filed a bill to repeal HB 631. The bill was filed on December 10, 2024. Click HERE to view the bill.
Florida Beaches for All
It’s critical to understand the history of how this battle over our beaches came to be and that we are not the first group formed to fight for the freedom of our beaches. In 2018, Florida Beaches for All was formed with the following mission: “Simply put, our mission is to peacefully preserve and perpetuate the doctrine of Customary Use of ALL BEACHES in Florida.” You can learn more about Florida Beaches for All, a nonprofit organization, by visiting their website. Their website contains valuable information to understand how to protect the public’s right to the use of the beach. Click HERE.
Customary Use
The following resources provide a deep dive into the history of customary use in Florida. Customary Use was used as a common law that protects the public’s right to use the dry sandy beach in the City of Daytona Beach vs. Tony-Rama,Inc case in 1974.
4/11/18: Customary Use Doctrine Continues to Allow Beach Access in Florida, Surfrider Foundation
4/15/24: The Latest on Customary Use at Florida Beaches, Surfrider Foundation
Mean High Water Line
The Defuniak Herald reporter, Dotty Nist, sought out an expert in the field of geomatics, to answer questions regarding the mean high water line. According to that expert, Dr. Nicholas DiGruttolo, “The MHWL defines the legal boundary between private property and sovereign submerged lands (state/public property). This concept dates back to ancient Rome and the United States adopted it from English common law. Public ownership below the tide line has always been the rule, but how to determine the line has been more specifically defined in the 20th century. The U.S. Supreme Court decision, Borax Consolidated v. City of Los Angeles, in 1935, defined the process for determining the MHWL that is still in use today.”
Read the full article HERE.