It’s an old adage: Be sure you have read and understand the information above before you sign on the dotted line.
Some legislators were not so careful and are admitting they had no idea of the ramifications of HB631, which passed in March. The bill will go into effect July 1.
The Possession of Real Property Act — signed into law by Gov. Rick Scott March 23 — allows for landowners to privatize the beach on their property seaward to the mean high tide line. Beach renourishment projects supersede the new law, making the beach public wherever renourishment occurred.
State Rep. Jim Boyd and Sen. Bill Galvano, both Bradenton Republicans, represent districts that include Anna Maria Island and both voted for HB631.
Galvano, in an April 20 email to The Islander, said, “I supported this legislation because I believe it strikes the right balance between respecting private property rights and preserving public access to beaches.”
“Nothing in this legislation changes the fact that Floridians and visitors to our state have full access to our beaches. In fact, Florida’s Constitution firmly protects public access.”
Galvano aide Katherine Betta said he was aware of the content when he voted, specifically that the legislation would protect private property rights and preserve public access to beaches.
Attempts by The Islander by phone and email to reach Boyd at his local and state offices were unsuccessful before press time. An aide advised Boyd was on vacation.
Yet, the Sarasota Herald-Tribune reported April 20 that some legislators — state Rep. Joe Gruters, a Republican and Rep. Wengay Newton, a Democrat — were unaware of the ramifications when they voted for the bill that has now been signed into law by Gov. Rick Scott.
The bill was introduced into the House by Katie Edwards-Walpole, D-Broward, and other members of the Civil Justice and Claims Subcommittee. It passed Feb. 14, 2018, on first reading in the House.
The bill was amended in the Senate March 5, returned to the House March 6 and passed by a 95-17 vote March 8, a day before the session ended.
State Rep. Joe Gruters, R-Sarasota, whose district includes Siesta Key, told the Sarasota Herald-Tribune he has plans to file legislation guaranteeing public access to any beach receiving public funding for nourishment.
But that’s been done. Anywhere in Florida where beach nourishment has occurred, the beach is public. Beach nourishment supersedes the new law.
A court ruling in 2010 led to the U.S. Supreme Court ruling that if taxpayer money is used to maintain sand on a beach, that sand is public.
Holmes Beach city attorney Patricia Petruff, said in a phone call April 20 “the new law won’t impact Holmes Beach at all.”
Also, during a Bradenton Beach commission meeting April 5, lobbyist Dave Ramba said the city had “nothing to worry about.” Mayor John Chappie made a similar statement.
As with Holmes Beach, the Gulf of Mexico beaches from end to end in Bradenton Beach have been renourished.
Meanwhile, Mayor Dan Murphy said the situation in Anna Maria is different, because some areas of the beach were not renourished by the government.
In a letter shared with The Islander April 20, Murphy stated, “Interesting to note some of (the) legislators and other government officials were unaware of the implications of this legislation (HB631). I credit our city attorney with bringing this matter to our attention so quickly so that we can react. It would appear other government agencies are either in a false sense of security or a wait and see mode.”
However, it wasn’t long before Murphy had fielded enough opinions from residents of Anna Maria regarding the new law to form a path forward.
“I’ve had more than two weeks’ worth of input from innumerable people who have come into the office, made appointments or just started talking about the law,” Murphy said April 27.
“So (April 26) at the commissioner’s meeting, I recommended to stop development of a customary-use ordinance in Anna Maria. To embark on such an ordinance seems like overkill to me,” Murphy said.
Murphy said there are only two or three “hotspots” in Anna Maria where there appears to be an issue with landowners, and he said he gladly would send out surveyors to establish the mean high tide line on those properties if necessary. An ordinance would require collecting testimonials, photos, examples of historical use and other documents — an expensive and time-consuming process.
“In 110 years, using the beach has never been a problem here. People just need to exercise patience, tolerance and respect in regard to each others properties,” Murphy said.
The Anna Maria commission voted 4-1 to abandon the establishment of a customary-use ordinance. Commissioner Doug Copeland voted against the motion.
Well, Southern Living magazine might write a different article regarding Anna Maria Island after this horrible debacle. Get ready AMI to lose millions in tourist revenue. At least Gov. Scott’s prime beachfront property is protected in Naples! Good job legislators!