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As the case of Boots and a Nantucket beachfronter altercation unfolds, the story starts to sound vaguely familiar …

July 29, 2022
By Marcy Shortuse
All it takes is one homeowner or, in some cases, a corporation, to try to impose this regulation on beaches, and soon others follow suit. GIS maps can be misleading to potential property owners, as in many cases it shows the property line going out into the water. In Florida the law states that all beaches are public from the mean high-water line down to the water, and that used to be a cut-and-dried rule. But in 2018 former Governor Rick Scott created House Bill 631 (now Florida Statute 163.035), which is known as the “Establishment of Recreational Customary Use.” It seemed like a good idea at the time, but now it has proven to make a touchy situation even touchier in the fact it can be interpreted in many ways … including ways that benefit the property owner, not the public.

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