City officials are hosting a free public seminar Thursday evening to explain Florida’s “customary use” doctrine and clarify where public beach access ends and private property begins.
The seminar runs from 5 to 6:30 p.m. at St. Pete Beach City Hall Commission Chambers.
The event follows months of dispute over private property signs along the shoreline. The controversy began after a waterfront business posted 14 “No Trespassing” signs on the sand at the waterline. City officials later had the signs removed for violating city rules, but neighboring businesses and homeowners responded by installing their own property markers, and several attorneys were hired to challenge the city on behalf of private property owners.
In response, St. Pete Beach commissioners approved an ordinance banning permanent private property signs within 50 feet of the mean high-water line.
Supporters of the ordinance say it protects the beach’s appearance while preserving public access. Longtime resident Dana Richardson said she worries about the visual impact of numerous signs, especially as the community recovers from recent hurricanes and looks to enjoy the beach.
Some property owners disagree. Melanie Vandegrift of the Island’s End Motel said signs help law enforcement identify private property, particularly at night, and questioned how the rule would be enforced without visible markers.
Under Florida law, beaches are generally divided into two sections. The wet sand below the mean high-water line is owned by the state and open to the public. The dry sand above that line is often privately owned by beachfront homeowners, hotels and condominiums.
However, private ownership does not always mean the public can be excluded. Under Florida’s customary use doctrine, courts can recognize the public’s right to continue using privately owned dry sand if that stretch of beach has historically been used by the public in a way that is ancient, reasonable, uninterrupted and undisputed. Because customary use must generally be established location by location, public access rights can vary from one stretch of beach to another.
It remains unclear whether more property owners will challenge the city’s sign ordinance or whether additional legal disputes over beach access will follow.
The dispute is part of a broader, years-long debate across Florida over customary use. State lawmakers in 2018 passed legislation making it harder for local governments to establish customary use without going through the courts. That law was repealed last year, a change some private property owners have since cited as grounds to assert stronger rights over dry sand.
Millions of people visit Pinellas County beaches each year, making the line between public and private property a recurring source of friction for both beachgoers and property owners.
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