Could A Walton County Ruling Change Beach Driving In Volusia?

Owners of beachfront land in Walton County have essentially lost a court battle that deals with a concept in the Florida Constitution known as “customary use.” In a nutshell, customary use says Florida’s beaches are open to the public and should remain as such. This was enforced in a 1974 Florida Supreme Court opinion by Chief Justice James Adkins involving the City of Daytona Beach and construction of an observation tower near the Main Street Pier.  Private landowners in Walton County challenged the decision, calling it “vague” and unconstitutional. Their legal fight stems from an ordinance that allowed county vehicles, emergency vehicles and vendor vehicles to cross an unobstructed 15-foot width at the toe of the dunes—which lies on the top of the beach, not near the waterline, which is considered private property in regards to the beaches. In the past when referring to ownership of beach property, it was commonly stated that the “wet” parts of the beach belong to the public, while the “dry” parts of the beach belong to a private owner, if that land is bought. Eventually, the county came to agree on a stipulation that says vehicles may operate in locations where it is not problematic, such as on public beaches or on private property where owners are agreeable, or on a 15 foot section along the water’s edge across private property where operating anywhere else on the beach would be an issue. One commissioner, however, said emergency personnel should not be concerned about where they are driving on the beach if they are responding to an emergency. The matter was eventually brought to the attention of a Walton County judge, who is ruling against a challenge brought on by Northshore Holdings, LLC and Lavin Family Development, LLC—two companies which own property along the Gulf of Mexico—that says customary use violates the state and federal constitutions. Judge David Green wrote in his ruling that he doesn’t find “the doctrine of customary use as established by the Florida Supreme Court unconstitutional.” In a statement following Green’s ruling, Walton County Attorney David Theriaque said his decision is an important step in keeping his county’s beaches free for everyone’s use. Paul Zimmerman, the President of Sons of the Beach had a similar reaction to the news. “We’re hoping that this will add to the ammunition that the Sons of the Beach and beach advocates have to move forward with granting access to our beach,” said Zimmerman, also a candidate for Volusia County Council District 2 Representative.  He added that, for years, the argument was that beachfront property owners own the land all the way down to the mean high tide point—essentially down to the wet part of the beach. Now he says the new ruling negates that. That now leaves some with the question on how this could affect Volusia County, if at all. Zimmerman’s organization primarily focuses on beach driving, but, as Zimmerman says, “beach driving is beach access, and beach access is beach driving.” If that phrase sounds familiar, you might be recalling the Volusia County Council’s meeting on March 15 where, in an argument about access to the beach, County Chair Jeff Brower uttered the same phrase.  It was during that meeting that Brower cast the lone dissenting vote for a special permit that would put a static vehicle display behind the Hard Rock Hotel in Daytona Beach, a section of beach that doesn’t allow beach driving. His argument was the county was granting permission for someone to drive vehicles onto a part of the beach no other resident can use. “This is a public beach, and a public beach should be open to everyone. It’s not just open to people when it’s financially beneficial to a hotel because it’s the public’s beach,” said Brower at that meeting. “I was elected to represent the people that voted for me. And the majority of people that voted for me said ‘we feel like we’re getting the finger stuck in our eye,’” So if beach driving is beach access, could the county use this new ruling on customary use as a way to change beach driving rules? What does it mean for the county? News Daytona Beach reached out to Brower to ask about his reaction to Walton County’s recent ruling and how it could affect Volusia in the future. We’re currently waiting on a response.