Anna Maria won’t take steps to amend its beach access laws for now.
At their April 12 meeting, city attorney Becky Vose told commissioners the recently passed HB631, the Possession of Real Property Act, would affect Anna Maria’s public beaches.
The law, which goes into effect July 1, will prevent municipalities from claiming customary use of dry sand beach property above the mean high tide line.
In order to minimize its impact, Vose recommended the city proactively develop a customary use ordinance before the law goes into effect. Such an ordinance would bolster Anna Maria’s claim the beaches around historically have been used by the public.
However, at an April 26 meeting, commissioners scrapped the ordinance plan.
Anna Maria Mayor Dan Murphy said “for 110 years,” city residents and visitors have comfortably worked out acceptable borders, with most beachfront property owners allowing beach visitors to enjoy the sand without incident.
Multiple residents gave their input as well, the majority asserting they didn’t want to see a customary-use ordinance enacted in Anna Maria.
Jose Arbella told commissioners he moved to South Bay Boulevard in Anna Maria just after the housing bubble burst.
Since that time, he said, he’s seen beaches in Anna Maria move and change dramatically. He said he opposes any proposed ordinance due to the changing nature of beach boundaries.
Jack Whiteside, who also lives along South Bay Boulevard, made a similar assertion. He said in various parts of Anna Maria, sand erosion has almost completely wiped away portions of the beach. “There is no room because there is basically no beach,” he said.
Pat Olson told commissioners that in recent years, as sand accumulated at her property at South Bay Boulevard, more and more beachgoers have come to use the beach.
“Our houses are so close to the water and when people are walking they’re coming up to our sea wall,” she said, adding that visitors have smoked marijuana and left trash near her property in the past.
“It’s a liability issue. We’ve been harassed, yelled at and given the finger” for asking people to move away, he said.
Resident David Bulley had a similar story. Bulley said when he moved to Anna Maria in 2002, he selected his property on South Bay Boulevard for privacy and didn’t have a lot of beach.
As the years have passed, he said, sand accumulated at his property and more visitors have come.
Bulley said his family has cut down use of the back deck due to the influx of visitors walking 6 to 8 feet away. “It is almost in our face,” he said.
Dean Foster, another South Bay Boulevard property owner, told commissioners that although he appreciates tourists, the “only interested party” in the matter is the property owner, not visitors.
Sheila Fuse said passing laws like customary use ordinances risks the rights of residents and property owners, and may drive residents away.
Ashok Sawe, who also lives along South Bay Boulevard, did not speak in favor or in opposition, but asked commissioners why there are public access spots in Anna Maria if the beaches are not necessarily public.
He also asked why the signs had been changed in recent years from “beach access” to “water access.”
Murphy said the access points were installed long before he arrived to Anna Maria, and do not reflect public beach access today.
He also said the signs were changed to reflect the fact that the access leads to the water, not to the sand, which may not be public.