customary use

Tonia Shatzel

On the morning of July 14, longtime Walton County, Florida resident Daniel Uhlfelder decided to go to the beach.

Instead of rest and relaxation, he found himself in the middle of a confusing debate about public versus private property.

In a video posted to YouTube, you see Uhlfelder holding his beach chair and umbrella as he talks to a security guard at Vizcaya Beach who warns him of trespassing on the private beach.

“Can you draw a line for me where trespassing is?” Uhlfelder asked the security guard. “I want to know where to put my stuff.”

Northwest Florida Daily News

Customary Use is a big issue in the state of Florida.

It’s the belief that beaches have been public property as long as humans have used them, which is why counties across Florida have passed customary use ordinances allowing access to both public access points and in front of beachfront homes. 

In April 2018, the Florida Legislature passed House Bill 631. The bill, which received bipartisan support, authorizes a person with “superior right to possession or real property” and “prohibits local government from enacting or enforcing ordinance or rule based on customary use.”