Is it true that the new law restricts people’s access to Florida’s beaches?

A bill that Florida Governor Rick Scott signed last month could allow private entrepreneurs and homeowners to decide whether to restrict public access to beaches. Experts say that the law is not as bad as many think it writes Miami Herald.

Фото: Depositphotos

The HB 631 bill does not allow local authorities to influence public access to private beaches. If the city wants to open access to a private beach, it must file a lawsuit in court.

“The new law is not very good for local authorities. Suing the landowner as the only way to access the beach is not the most attractive option,” said University of Florida law professor Alison Fluornoy.

She noted that the requirement to file a lawsuit imposes an additional burden on the courts, and they do not receive any additional funds in return.

The new law will come into force on July 1, but many people fear that after this, public access to beaches across the state will be limited. But it is not.

For example, the authorities of the city of Miami Beach reassure the public and say that the law will not affect the city in any way. The entire coastline of the city is public and belongs to the city, explained city manager Jimmy Morales.

Although most of Florida’s most beautiful beaches are state owned and owned by state beaches, about 60% of Florida’s beaches are privately owned.

In many areas where the beaches are privately owned, this does not stop tourists and locals altogether. They set up sun beds, collect sea shells and build sand castles. Sometimes, people behave inappropriately and interfere with the owners, who own the beaches. Until now, the authorities managed to resolve disputes without a new bill.

The new law is based on the legal principle of "traditional use", which implies the use of a dry sandy beach for public recreation, even if it is privately owned.

The Supreme Court of Florida ruled that if the owner tries to put a fence or calls the police to drive out the rest, the authorities can, referring to the principle of "traditional use", defend the rights of the rest. But this mechanism works only if the rest was “reasonable, traditional and without conflicts and disputes”.

“This is not about privatizing beaches. We're talking about protecting private property and using the land in accordance with the customary use doctrine,” said expert Cathy Edwards-Walpole.

The bill went through all stages of negotiation among Florida lawmakers, but it turned out to be unpopular among many residents, realtors and businessmen. They urge the authorities to leave the residents of the coastline.

Scott's office says there are more opponents of the bill than supporters. They received 327 calls against the bill, and only 40 in favor. It is noted that the governor himself owns a mansion on the beach in Naples.

Read also on ForumDaily:

20 most beautiful places in California

California recognized the worst state in the US for quality of life

10 is the best islands of the Caribbean. A PHOTO

11 Florida's most incredible natural wonders

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.