Controversial 2018 law that limited public beach access in Walton County is repealed

Gov. Ron DeSantis signed a bill Tuesday that repeals a 2018 law that opponents argued limited public beach access in Walton County in northwest Florida.

Appearing in Santa Rosa Beach with emerald gulf waters behind him, the governor said SB 1622 returns to local governments decision-making about recreational access to the dry sand areas of Florida beaches.

“This bill is about restoring local control, cutting legal red tape, and putting our residents first,” DeSantis said.

Filed by Panama City Republican state Sen. Jay Trumbull, SB 1622 repeals the earlier law that established a judicial review process that governmental entities had to go through before passing any regulations regarding the customary use of any private beach property. 

Sponsored by Sen. Kathleen Passidomo, the 2018 law was lauded at the time by beachfront property owners, including U.S. Ambassador to Israel and former Arkansas Gov. Mike Huckabee.

Signed into law by former Gov. Rick Scott, the law applied retroactively and blunted a 2016 Walton County ordinance that allowed for customary use of the beaches.

Counties throughout the state have long abided by the concept of “customary use” of beachfront, meaning people have been using the beaches for decades and should continue that public use, also meaning private property owner can’t restrict the public from enjoying those spaces.

“This bill is much more than policy. It’s about families, it’s about tradition, and it’s about restoring something that never should have been taken away in the first place,” said Trumbull, who joined DeSantis at the press conference.

The bill passed the House 108-8 and the Senate 35-2  with the two dissenting votes cast by Passidomo and Sen. Don Gaetz, who owns a home in Seaside, a master planned community in Walton County across the street from the beach.

Gaetz predicted the bill won’t solve disputes in Walton County and, during debate on the bill in the Senate Judiciary Committee, predicted just the opposite and warned it would result in litigation.

“My fear is, in fact, my hard prediction is, that whatever you do with this bill is not going to solve the problems in Walton County of people who think they own property near the beach or on the beach because they bought it from being very upset when somebody else tries to use that property,” Gaetz said. “The issues won’t go away.”

SB 1622 also makes it easier to restore eroded beaches in certain Gulf Coast counties with smaller populations. To promote that provision of the law, DeSantis was joined by Florida Department of Environmental Protection Secretary Alexis Lambert, who noted, “Of Walton County’s 26 miles of beach, nearly 19 miles are now considered critically eroded and in need of nourishment.” 

“The bill clarifies how local governments can set beach use rules without unnecessary red tape. It also simplifies how we can set erosion control lines, allowing vital beach nourishment projects to move forward more efficiently. This means stronger, healthier beaches, clearer access, and a balance between public enjoyment and private property rights,” Lambert said.