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Florida Constitution Revision Commission

PUB 700324: Public Beaches by Loyal Millett

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Access and use of public beaches.

 

 

(a) In this section, "public beach" means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, the Atlantic Ocean, and/or the Florida Straits, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico, the Atlantic Ocean, and/or the Florida Straits to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Florida common law.

(b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public.

(c) The legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments.

(d) This section does not create a private right of enforcement.