Rich Florida Property Owners Get New Power to Run People Off of Beaches - SailNet Community
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Rich Florida Property Owners Get New Power to Run People Off of Beaches
by midwesterner 08-15-2018

https://www.mypalmbeachpost.com/news...JbLiCcqDTnk3N/

New Florida Law Makes Some Beaches Off-Limits To Public, Sparking Standoff | Here & Now

This makes me want to sail there and pull my tender up on the beach.
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Old 08-15-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

Another great reason to take elitist Florida off the itinerary. With more and more marinas becoming condos for the wealthy and anchorages becoming fewer and fewer, who wants to support a state that allows only the rich access to beaches that were once open to all?
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

Entitlement goes both ways. Two sides to every story.

Sure, write off every state or town that does not agree with your lifestyle. You will miss more than they will. Guaranteed!
If the law is wrong...fight it. However, make sure you know what you are fighting for.

I am fortunate enough to live on a good sized inland lake. Second generation on the property, first in the current house. We are also a family that loved to cruise the lake, anchor, picnic on the boat, party hearty at times, and just enjoy the beauty and fun around us. We were never asked to leave because we were obnoxious. We respected the lake, the land, and the neighbors.

There is also another side to the story. In 30 years we have only had to ask twice for people to move on. When someones boat is tied to our dock, and they are swimming on our raft, both of which are private property, that is wrong. When the person being asked thinks they are entitled to use our property I sometimes wish that we had less public access to the lake. That same ass that is attempting to overstep their rights is the person that would sue me if they fell off my private dock that they were not invited to use.

I have had neighbors that have had to pull soiled diapers off their beach dropped by idiots that were anchored 50' off their dock. Others have come home to find people having a picnic, on their private deck and picnic table, and those people were upset when they were asked to leave. Public and private can get along, but common sense unfortunately is not something that is equally distributed. I seem to remember someone questioning why common sense cannot be taught by ASA....because it can't be taught!

Michigan is a high water access state. Many do not understand what that means. Basically it means where the waterline was highest is where public and private separate. Most likely the deck, fire pit, lawn are already set back by law and the property owner does not want people pissing on the grass. Common sense again.

Unfortunately, Florida allowed things to get out of hand. Politically correct, or vote getting, got in the way of common sense. Now they have to overcome it. Therefore, to keep people off of private property, and derelict boats out of the public domain, they have to enact laws to help common sense along. Therefore, that beautiful 60" Swan gets booted with the derelict with no sails, no head, and crap everywhere. It would be politically incorrect to do otherwise!

Bottom line, it does not matter if it is a little cabin on a lake in the north, or a $20 million mansion on the ocean, the property owners, whether new or 5th generation, need to protect themselves. They have an investment. They paid for the house and the commencerant taxes. There really is no free ride!

That being said, we usually rent a property on the ICW in Florida each year. I have walked miles of beach and never been asked to get off. Sometimes I am stopped and invited for coffee by people I talk to on the walk. More nice people than asses. However, there are asses on both side of the argument.
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Old 08-15-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

If you want to have an anchorage then buy the property. Most of the successful people I know worked to earn what they have, and they do not spend their time *****ing about someone who has $.02 more.... Perhaps a little introspective interrogation might be in order.
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

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Originally Posted by tomandchris View Post
Entitlement goes both ways. Two sides to every story.
I am with you on this Tom. I live with my backyard on a creek that is a beautiful peaceful place 9 months of the year. It is now tubing season. Groups of 2-5 pass through my backyard a few times a day, drinking hooting and hollering. I could also go into what it is like to have a bikepath in your front yard, with your driveway being made public access to the pathway.

To give boaters an annalogy: Imagine you are the first to the dock in a harbor. People can raft up to you. They all have the rights to cross your boat at any time. Tourists visiting the marina also are allowed to walk across to access the water. If they want to stop and lounge on your boat, they are free to do so until you call the police. Some of the people when done playing on the water leave their empties in your cockpit and deflated watercraft on your foredeck, they all leave muddy footprints across your boat.

To complete the analogy, you have swallowed the anchor, but you are tied to the dock, you can't leave, you are stuck paying outrageous harbor fees, while watching the increase in tourism in your cockpit. The nicer your boat and the more you pay for your high priced marina, the more attractive your boat is to visiting tourists. Your only option if you don't like sharing your foredeck with entitled squatters is to sell your boat and move inland.
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

The land to the high water mark does not belong exclusively to the privileged or the legislators, nor do the waters of a state. They belong to all the people.
Beyond that limit, then if you want to keep people (ignorant or rude, no difference) off your land then it is your personal responsibility to do that at your own expense or through the law.
Taking the high water rights from those entitled to them because someone has the financial where with all to bribe a politician, is certainly the American way, but is morally deplorable. And in that Florida is way ahead of most states.
What happened to innocent until proven guilty? What some wealthy waterside landowner may consider a derelict may, in fact, be a well-found vessel just arrived after many months at sea. But even were it a derelict, outlawing all vessels without proving that all are derelicts is blatantly wrong.
If Florida wants to protect itself from the costs of derelict vessels being left to be removed at the state's expense, then they should tax the boating public appropriately, or institute mandatory insurance just like they do for land vehicles. However, having vessels removed or outlawing all vessels because they may be eyesores in the eyes of some, is morally reprehensible.
If someone buys waterfront property whether, on a lake, canal, beach or the ICW, they do so agreeing to the fact that it is the right of the people who actually own that water or waterside to the high water mark, have a right to use it. Deciding they don't like what they agreed to it after the fact is just too bad. Unless they are rich. Then it's screw everybody else because they don't like the deal they made, and they literally steal public land and waters.
I'm not talking about docks or boathouses or other structures that are legal, just waterside land and waters to the high water mark. They belong to every citizen of the country just like our national parks, sanctuaries and ecological preserves.

Last edited by capta; 08-15-2018 at 11:48 PM.
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Old 08-15-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

Folks with bad manners do cause these issues to come up.

I was gifted use of a multi-million dollar beach house on Vero Beach a few years back and the rude foreigners that set up loud parties on the beach made for quite a nuisance. They would not stick to the public walkways and would even try to gain entry into the homes private showers and cabanas as they cut through the breezeway under the house. The owner cautioned us to be sure to keep the cabanas and showers locked all the time and be sure to lock them even when we were using them lest we have a beach goer just rudely barge in on us. Hosing off where they would urinate on the side of the house got to be a bit much too. I can understand when folks invest any amount of money making someplace that was previously inaccessible clean and neat taking exception to abusers.

The elderly couples walking the beach looking for sand dollars and polite locals were not an issue and many would ask if we minded if they set up a blanket for a short while and would even offer to bring lunch, pizza, etc if we invited them to join us on the deck. Most would ask permission to even take a picture of themselves on the beach in front of the house.

The locals would also be mindful of the saw grass, sea oats and turtle nests.

Remember that in Florida the locals are much of the year vastly outnumbered by the visitors and way to many (not the majority mind you) unfortunately are not the much more polite foreigners that many want to believe them all to be.

The legislation in question was only to address the issue of previously inaccessible land that had recently been developed so that there was now a beach that previously did not exist and not beaches that traditionally for generations were accessible to the public.

The Local, County and State governments provide so many miles of public access beaches that its sad that some even feel it necessary to make a big deal over this being a lack of public access issue. There are a plethora of public beaches with beautiful facilities along with full time life guards and paramedics to accommodate all reasonable people.

Until you stay in one of these homes you may not understand the challenges of having people viewing your entire property as public domain because its on/near the beach.

Indeed two sides to every story.
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Last edited by SeaStar58; 08-16-2018 at 08:31 AM.
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Old 08-16-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

Quote:
Originally Posted by Rocky Mountain Breeze View Post
If you want to have an anchorage then buy the property.
What property? When you buy waterfront property, you only get the land to the high water mark. You are not guaranteed a mooring just because you bought waterfront property.
If you practice what you preach, it seems you only anchor where you own the anchorage or is it that you just never anchor?
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Old 08-16-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

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Originally Posted by SeaStar58 View Post
Until you stay in one of these homes you may not understand the challenges of having people viewing your entire property as public domain because its on/near the beach.
I'll say it again. Anyone who buys these properties should be well aware of these problems before they buy the property and understand that this is part of the price they must pay to live in such a special location. If they are not aware of this aspect of waterside living, then shame on them for not doing their due diligence in regard to the purchase.
It's similar if one is cruising and uses public docks. Some folks will walk aboard the boat uninvited, taking pictures and peering through hatches, disturbing you at dinner or whatever. That's the cost of a free or inexpensive dock. If you don't like it, there's always an expensive gated marina around.
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Old 08-16-2018
 
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Re: Rich Florida Property Owners Get New Power to Run People Off of Beaches

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Originally Posted by capta View Post
What property? When you buy waterfront property, you only get the land to the high water mark. You are not guaranteed a mooring just because you bought waterfront property.
As far as I can tell this law has nothing to do with moorage or you rights in the water. It is about whether if you own beachfront property, you lose rights and privacy to your backyard? Is there another situation where your homes proximity to an attractive location, good view or next to a park means that it now becomes public property?
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