Deerfield-News.com-Deerfield Beach, Fl-Florida’s Governor Rick Scott recently signed a wet sand or dry sand law.That is correct property owners will now have rights to limit access to the beach and if it is dry to the public this includes condominiums, hotels and private homeowners who own beachfront property.
Starting July 1, 2018 Florida’s beaches may not be so public anymore!
But if it’s dry and behind a hotel, condo or private property, the owners of the property can ask you to leave. Think of it as intruding or trespassing on someone’s backyard.
The new law is the first and only of its kind in the country and goes against Florida’s long-standing “customary use” policy, which states that beaches belong to the public.
Now, as of July 1, only the wet sand — “The Beach” up to the high tide line — is public under state law,.The way the law is written, they could put up signs or even rope off their section of the beach, if they choose. This new law also strips local governments from enacting ordinances that oppose it.
Below is the link to the Bill.
CS/HB 631: Possession of Real Property
GENERAL BILL by Civil Justice and Claims Subcommittee ; Edwards-Walpole ; (CO-INTRODUCERS) Roth
Possession of Real Property; Authorizes person with superior right to possession of real property to recover possession by ejectment; provides that person entitled to possession of real property has cause of action to regain possession from another person who obtained possession of real property by forcible entry, unlawful entry, or unlawful detainer; prohibits local government from enacting or enforcing ordinance or rule based on customary use; provides an exception; creates, revises, & repeals related procedural provisions.
CS/HB 631: Possession of Real Property
GENERAL BILL by Civil Justice and Claims Subcommittee ; Edwards-Walpole ; (CO-INTRODUCERS) Roth
Possession of Real Property; Authorizes person with superior right to possession of real property to recover possession by ejectment; provides that person entitled to possession of real property has cause of action to regain possession from another person who obtained possession of real property by forcible entry, unlawful entry, or unlawful detainer; prohibits local government from enacting or enforcing ordinance or rule based on customary use; provides an exception; creates, revises, & repeals related procedural provisions.
https://www.flsenate.gov/Session/Bill/2018/631/BillText/er/PDF
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
2 An act relating to the possession of real property;
3 amending s. 66.021, F.S.; authorizing a person with a
4 superior right to possession of real property to
5 recover possession by ejectment; declaring that
6 circuit courts have exclusive jurisdiction; providing
7 that a plaintiff is not required to provide any
8 presuit notice or demand to a defendant; requiring
9 that copies of instruments be attached to a complaint
10 or answer under certain circumstances; requiring a
11 statement to list certain details; providing for
12 construction; amending s. 82.01, F.S.; redefining the
13 terms “unlawful entry” and “forcible entry”; defining
14 the terms “real property,” “record titleholder,” and
15 “unlawful detention”; amending s. 82.02, F.S.;
16 exempting possession of real property under part II of
17 ch. 83, F.S., and under chs. 513 and 723, F.S.;
18 amending s. 82.03, F.S.; providing that a person
19 entitled to possession of real property has a cause of
20 action to regain possession from another person who
