The executive order seemingly contradicts a bill the governor signed earlier this year


Florida Gov. Rick Scott signed an executive order Thursday to protect the public's beach access in an apparent reversal of his stance on a bill he signed into law in March.

The bill, which went into effect July 1, restricted local governments' authority to pass customary-use ordinances, which are needed for ensuring public access to private beaches. Under the new law, a judge would determine whether the public could walk or sunbathe on privately owned sand.

In Florida, the sand below the high tide line is open to walking, fishing and other beach activities. Anything landward could be private property, just like someone’s front yard, and those property owners can legally keep beachgoers off the dry sand in most areas.

The bill passed 95-17 in the Florida House and 29-7 in the Senate. State Sen. Kathleen Passidomo, R-Naples, sponsored the Senate version.


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The new law caused widespread confusion about what is and isn't a public beach and left local governments scrambling to protect beach access.

In June, the Naples City Council unanimously adopted a customary-use ordinance that would give the city a defense against the new state law.


Florida's Walton County Beaches including show "private beach" signs. Gregg Pachkowski/Pensacola News-Journal

The defense would be used if a property owner thinks the city is illegally using his or her beach and sues. The customary-use ordinance would not affect any city-initiated lawsuits.

City Attorney Bob Pritt said the ordinance would give the city a "Yeah, but..." defense: Instead of the city being limited to arguing whether an illegal use took place, the city could defend the use of the beach by pointing to the fact the city has a customary-use ordinance on its books.

Collier County commissioners passed a similar ordinance June 26, primarily to protect the customary use of Vanderbilt Beach.

The ordinance prohibits any fences or barriers on the beach but also puts in place a buffer where the public would not be allowed. The buffer would extend seaward 15 feet from any beachfront "habitable structure." 

More: Public use of Vanderbilt Beach protected under new Collier County ordinance

It's uncertain how the local ordinances will be affected by Thursday's executive order, which aims to clear up confusion about the bill and qualm fears that Floridians could be booted off beaches.

"Last session, HB631 was passed with overwhelming support from both Democrats and Republicans,” Scott said in a statement. "Unfortunately, the legislation has now created considerable confusion and some have even interpreted it as restricting beach access. I’m committed to keeping our beaches open to the public and this executive order makes this commitment clear."

The executive order imposes a moratorium on state agencies adopting any rule or restriction to inhibit the public’s access to beaches, unless there is a clear risk to public safety.

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It also encourages local governments to not adopt any rule or ordinance restricting or eliminating the public’s access to beaches.

Scott said the Department of Environmental Protection will "do everything in their power to advocate to keep our beaches open and public.”

The executive order directs the DEP to establish a website where Floridians can report concerns about beach access. The DEP then will review the concerns and submit a report to the Legislature and governor before the next legislative session.

The DEP also will serve as a liaison to local governments to ensure the public’s right to access the beach is protected.

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The Florida Democratic Party alleged Scott signed the bill only to help his U.S. Senate campaign. Scott announced his candidacy in April.

"While it is welcome news that Floridians could now be able to access their beaches without fear of prosecution, this is yet another example of how Rick Scott will say and do anything to get elected," Florida Democratic Party spokesman Nate Evans wrote in a statement.

Former Miami Beach Mayor Philip Levine, now a Democratic gubernatorial candidate, also questioned Scott's motives.

"Governor Rick Scott signed a terrible bill into law that restricts public access to beaches," he tweeted Thursday evening. "Now, after Floridians were rightfully angry, he has buyer's remorse. Voters see this for what it is: an election-year political charade."

U.S. Sen. Bill Nelson, Scott's Democratic opponent in the Senate race, echoed Levine's sentiments.

"Rick Scott could have prioritized Floridians by vetoing the legislation that restricted access to our beaches, but he didn't," he tweeted Friday morning. "The people of Florida deserve better than election year shenanigans and hypocrisy."

Representatives of the governor's office responded to the criticism, saying the executive order "has nothing to do with politics."

“This is about enjoying the beach," a spokeswoman said Friday. "Leave it to Bill Nelson and his friends to make it political and be upset about this.”

Passidomo also stepped in to defend the executive order, saying that despite how it might seem, it reinforces the bill Scott signed in March.

“The executive order is actually a good thing. It did not reverse HB-631, it actually confirmed it because the thing is, HB-631 is exactly what we want, which is local governments have to use a process whenever they are expanding their beach, and this gives them the tools to do that," she said. "And it also keeps landowners from blocking access."

Passidomo said she consulted with the governor's office on the executive order and "agreed with it completely."

"Hopefully, it will clear up some misinformation," she said.

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