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Will new bill restrict public beach access?

Posted at 10:53 PM, Apr 08, 2018
and last updated 2018-04-08 22:53:34-04

NAPLES, Fla., -- Gov. Rick Scott signed a new bill that would give private property owners the ability to take the local government to court if they try to use portions of private beaches for public access.

Florida Sen. Kathleen Passidomo says there has been some misconceptions about whether the bill will cause the public to lose their beach access. She tells Fox 4, that is not the case. 

“It is unconstitutional to privatize the beach in Florida," said Passidomo. "A local government has every right to take certain portions of private property, but they can’t do it by ordinance.” 

Passidomo says in order to re-nourish the beaches from natural erosion, local government may take parts from private beaches.

Sen. Matt Caldwell explained the bill is just a chance for private property owners to take the matter to court.
“As the bill laid out, taken in for a judge to look at the evidence and decide where the actual property line truly is.” 

However, public beach-goers are concerned the bill will make it more difficult for local government to protect their access. 

“I come out and go for a run on the beach all the time and I just would like to continue to do that," said David James, a Naples resident. 

Come this July the bill will allow hotels, condos, and other private property owners to put up signs or even rope off their section of the beach. Nevertheless, both senators say that if local government is able to prove a portion of the beach has been used for public access for years at a time, despite private ownership, they will likely win the case.