County Commissioners to Discuss Beach Customary Use Under New Florida Law

Stroberger opposes enforcement, cites property rights and lawsuit concerns

Escambia County, FL (Newsradio 92.3) -- Escambia County commissioners will hold their first formal discussion Thursday on whether to pursue customary use rights for Perdido Key beaches under a new state law that significantly changed how beach access disputes work.

The Committee of the Whole meeting starts at 9 a.m. at the Ernie Lee Magaha Government Building, with public comment scheduled for February 19.

At least one commissioner has already staked out opposition to customary use enforcement.

Stroberger's Position

Commissioner Steve Stroberger told residents at a January 29 town hall meeting he opposes pursuing customary use, citing both property rights concerns and fear of costly litigation.

"I want to provide more beach access rather than get into a food fight with the condo owners, because the lawsuit in Walton County was $8 million-plus, and that will be your money here if we get into a lawsuit with the condo owners and all those folks down there," Stroberger said.

Stroberger said he believes in both property rights and public access, but emphasized that property owners who purchased beachfront properties after 2018 state law changes believed they owned to the waterline.

"I just believe in property rights. I believe in property rights as well as I believe in public access," Stroberger said.

The commissioner described the current situation as looking "like a war zone down there with all the crime scene tape and stuff like that," though he said he wasn't sure what started the conflict.

What Changed in Florida Law

Senate Bill 1622, which took effect June 24, 2025, fundamentally altered how customary use works in Florida.

Before the law change, counties had to file lawsuits first to prove customary use existed. Property owners could intervene in those cases, and the burden was on the government to prove the public's historical use of beaches met four legal tests: ancient, reasonable, without interruption, and free from dispute.

Now counties can simply pass an ordinance declaring customary use exists. Property owners must then file their own lawsuits to challenge the ordinance and bear the burden of proving the public does not enjoy customary use rights.

The change essentially reverses who has to go to court first and who has to prove their case.

What Customary Use Means

Customary use is a common law doctrine that allows the public to use dry sand areas on private beach property under certain conditions.

The doctrine does not create any property interest in the land and cannot be revoked by landowners. It can be regulated by government and may be abandoned by the public.

Property owners can still use their beach property, but they cannot interfere with the public's right to enjoy the dry sand area.

For Perdido Key, the mean high water elevation is approximately +0.93 feet above the North American Vertical Datum of 1988. An Erosion Control Line was established in 2007 but later vacated when a proposed beach restoration project wasn't built.

Stroberger's Alternative Proposals

Rather than pursuing customary use, Stroberger said he's exploring alternative ways to expand beach access.

He said he's been in contact with Florida Department of Environmental Protection officials about creating a partnership that would allow Escambia County residents to use two state parks on Perdido Key Drive for free. Currently, those parks charge $3 for admission.

"I want every Escambia resident to be able to use those parks for free," Stroberger told residents. "The county will pay either up front for everyone to go there and have a placard to go to the park, or we're going to supplement them because they've got a few employees."

Stroberger is also pursuing purchase of parcels near beach access number three using RESTORE funds, though he said negotiations are ongoing.

Donor Question

Stroberger addressed suggestions that Perdido Key property owners influenced his position through campaign donations.

"I have two donors that live on Perdido Key," Stroberger said. "One of them is a friend of mine. The other one is a really good friend of mine. She was my campaign manager. Between the two of them, they gave me $750. It's going to take a lot more money to buy me off than $750."

What's Next

Thursday's meeting will feature a presentation on customary use followed by board discussion. No vote is expected at the Committee of the Whole workshop.

Public comment will be held at the February 19 Board of County Commissioners regular meeting.