Bill Nelson calls for special legislation session on beach access issues

Melissa Nelson Gabriel | Pensacola News Journal

Show Caption Hide Caption Walton County homeowners confront sheriff about beach access law Walton County homeowners confronted the sheriff about beach access law during U.S. Sen. Bill Nelson's press conference on Friday.

Speaking on a popular Walton County beach early Friday, U.S. Sen. Bill Nelson urged Gov. Rick Scott to hold a special legislative session and repeal a beach access law that Scott signed earlier this year.

The law, which Scott signed in March, took effect July 1 and requires counties to get approval from a judge to enforce customary use ordinances. The ordinances allow the public access to portions of private beaches based on the fact that the beaches have customarily been used by and open to the public for generations. Before the law was enacted, counties could enforce the ordinances without a judge's approval.

Nelson said Scott, his Republican opponent in his reelection bid, needs to do something about the law, which is causing disputes on Walton County beaches and other beaches throughout the state.

More: Video of Walton County beach dispute shows importance of public beaches, leaders say

More: Walton County attorney confronted by deputies for trespassing at Dune Allen Beach

Standing in front of a "no trespassing" sign near a beach walkover and surrounded by curious vacationers, the senator said the state is risking its tourism-driven economy.

"There is an easy way to fix this. Gov. Scott signed a law to create no trespassing on beaches that have always been considered public use. He should call a special session," Nelson said.

Scott has since issued an executive order to prevent state agencies from enforcing the new law, saying it has created confusion about beach access. The state has set up a website for people to report concerns about beach access. The Florida Department of Environmental Protection will review the concerns and make recommendations to Scott before the next legislative session.

But Nelson said Friday that Scott wasn't doing enough to resolve the problem.

"The governor's executive order did not do anything, it only added to the confusion. This law is establishing a terrible precedent for the selfish interests of a few property owners," said Nelson, who added he thought many legislators did not fully understand the ramifications of the bill when they endorsed it.

More: Who owns Florida's beaches? Private landowner rights can clash with public beach access

Lauren Schenone, press secretary for Scott's U.S. Senate campaign, called Nelson's Walton County news conference "a political stunt."

"It’s been widely reported that this legislation, which was passed with overwhelming support from both Democrats and Republicans, does not privatize Florida’s beaches," she said in an emailed statement.

"Governor Scott took executive action to protect beach access and has been clear that he is committed to keeping our beaches open to public," she said.

Because Pensacola Beach was deeded to the citizens of Escambia County by the federal government after World War II, that beach is not affected by the new law. Land on Pensacola is leased to commercial and residential developers for 99 years, and all areas of sandy beach are open to the public.

That isn't the case in Walton County, which has been referred to as ground zero in the state's fight over private property rights and public beach access.

Mike Adkinson, the Walton County sheriff, also spoke at Friday's news conference. He said the law has put his deputies in the difficult position of having to confront beach visitors sitting on private beach areas and ask them to leave.

Adkinson said the law is difficult to interpret and has led to confusion among property owners and beach visitors.

"We aren't arresting people and dragging them off the beaches. We are just trying to keep the peace and balance the public interest with the law," he said.

Walton County attorney confronted by deputies for trespassing at Dune Allen Beach Walton County attorney Daniel Uhlfelder was confronted by deputies recently for trepassing at Dune Allen Beach.

After the news conference, Adkinson was confronted by Mark Whittaker. Whittaker owns a home near the beach access point and said he has long been frustrated by people trespassing on his private beachfront. He urged Adkinson to enforce the no trespassing law.

"All I did was buy my property out here with the intention of living in peace, and it has become a constant barrage of nonsense," he said.

But people visiting the adjoining section of beach said they were disappointed to find a security guard and no trespassing signs.

"I definitely won't be coming back here. I thought it would be a nice place to hang out, but then I see there is a security guard and signs everywhere," said Bryant Johnson, who was visiting from Birmingham, Alabama.

Melissa Nelson Gabriel can be reached at mnelsongab@pnj.com or 850-426-1431.