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Arrived at the Gulf National Shores and parked in the first PUBLIC Parking lot off of Sand Key Drive at 0530 this a.m. I was at the high water mark with poles, sand spikes, umbrella and chair. About one hour later I was harassed by a young female wannabe "Security Guard" from the Sand Key Condo's asking me if I lived there and where did I live. She stated I I wasn't allowed to be there. I informed her I was on federal property and that she had no authority. She accused me of "camping" on the beach. Just ludicrous. There are all of these new "Private Property" signs up and down the beach that weren't there last year. I was nowhere near the property lines. Several other fisherman arrived later and where accosted by another female wannabe/ "Security Guard." I did a quick Google search and found a regulation that stated that access is granted to the general public "within 100 yards of the low water mark." Has anyone else experienced this harassment? Are there other regulations that I'm unaware of?
 

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Ummm...don't know where you came up with 300 feet inland from the high tide mark is public...but it's wrong. Florida uses mean high tide line.
 

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I would lay on my back in the wet sand at the shore break directly in front of the rent a cop hotel and air hump the sky and dare them to lawfully make me leave. They don’t own the beach.

No one owns our natural resources like that. If they want to play that game, they better not get a dime of federal or state assistance for beach renourishment when the next hurricane erodes that shoreline.
 

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I have heard of this sort of thing in other areas further east of here. My understanding is that you are correct - as much as the condos and resorts would like to own the beaches all the way to the water's edge, they cannot. As stated I think it's mainly above the mean high tide line that there can be property rights. Just make sure you're not trespassing in the process of accessing said beach and you're within your right to be there. Someone I know had this happen enough times that he actually printed up little fliers with the relevant statutes on it and if someone approached him like that, he would just smile and give them a flier and ask them to move on. He included the relevant statute such as this one as well:

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION
View Entire Chapter
379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.
 

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Ummm...don't know where you came up with 300 feet inland from the high tide mark is public...but it's wrong. Florida uses mean high tide line.
Got it from the
I have heard of this sort of thing in other areas further east of here. My understanding is that you are correct - as much as the condos and resorts would like to own the beaches all the way to the water's edge, they cannot. As stated I think it's mainly above the mean high tide line that there can be property rights. Just make sure you're not trespassing in the process of accessing said beach and you're within your right to be there. Someone I know had this happen enough times that he actually printed up little fliers with the relevant statutes on it and if someone approached him like that, he would just smile and give them a flier and ask them to move on. He included the relevant statute such as this one as well:

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION
View Entire Chapter
379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.

Nps.gov was the website. It stated that the Naval Live Oaks areas extends to 100 yards from the low water mark. I guess that area is in Gulf Breeze in Pensacola.
 

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Discussion Starter #6
I have heard of this sort of thing in other areas further east of here. My understanding is that you are correct - as much as the condos and resorts would like to own the beaches all the way to the water's edge, they cannot. As stated I think it's mainly above the mean high tide line that there can be property rights. Just make sure you're not trespassing in the process of accessing said beach and you're within your right to be there. Someone I know had this happen enough times that he actually printed up little fliers with the relevant statutes on it and if someone approached him like that, he would just smile and give them a flier and ask them to move on. He included the relevant statute such as this one as well:

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION
View Entire Chapter
379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.
Tx. I would love to get my hands on those statutes. Tx for the one above.
 

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It seems like tyrant wannabes are everywhere. Tell them you are calling the REAL authorities and are pressing charges against them for violating FS 379.105. THEN DO IT!
 

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Got it from the



Nps.gov was the website. It stated that the Naval Live Oaks areas extends to 100 yards from the low water mark. I guess that area is in Gulf Breeze in Pensacola.
That is 100 yards OFFSHORE of the low water mark...not 100 yards INLAND. The NPS controls the water around its shores. The area on Santa Rosa Island and Perdido Key, they control the water 1 mile OFFSHORE north and south of the park. At Naval Live Oaks they control the water 100 yards offshore of the north and south of the park.

That is a National Park, different rules than state law.
 

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Discussion Starter #12
That is 100 yards OFFSHORE of the low water mark...not 100 yards INLAND. The NPS controls the water around its shores. The area on Santa Rosa Island and Perdido Key, they control the water 1 mile OFFSHORE north and south of the park. At Naval Live Oaks they control the water 100 yards offshore of the north and south of the park.

That is a National Park, different rules than state law.
Got it
 

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Santa Rosa has been fighting this for a few months. The beach property owners there have been pushing hard for nobody in their back yard. Their take is you had better have wet feet or you are on my property.

The law says the mean high tide line, a good estimate is if it has recently been wet you are probably good.

I think there is also a "customary use" clause that sorta says, if people have been using the beach up to the dunes for years and years, they should be able to use that same standard today.

I think it's working it's way through the Florida courts now. There is a high profile lawyer inSanta Rosa you might want to contact.

Daniel Uhlfelder... he has been leading the fight to keep the beaches open. I'm not a fan of everything he does, but I'm sure he'd like to hear your story.

He is very liberal, but wants the beaches to remain open.


Jim
 

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Arrived at the Gulf National Shores and parked in the first PUBLIC Parking lot off of Sand Key Drive at 0530 this a.m. I was at the high water mark with poles, sand spikes, umbrella and chair. About one hour later I was harassed by a young female wannabe "Security Guard" from the Sand Key Condo's asking me if I lived there and where did I live. She stated I I wasn't allowed to be there. I informed her I was on federal property and that she had no authority. She accused me of "camping" on the beach. Just ludicrous. There are all of these new "Private Property" signs up and down the beach that weren't there last year. I was nowhere near the property lines. Several other fisherman arrived later and where accosted by another female wannabe/ "Security Guard." I did a quick Google search and found a regulation that stated that access is granted to the general public "within 100 yards of the low water mark." Has anyone else experienced this harassment? Are there other regulations that I'm unaware of?
I had to go back and read your original post. The first public parking lot is an Escambia county parking lot. Sandy Key Drives doesnt go to Johnson Beach.

If you moved east of that parking lot, you were either on the property of La Playa or east of that...Sandy Key Condo property.

You were nowhere NEAR federal property. Just as charts are a boaters friend, maps are your friend on land.

She was right, you were in the wrong.
 

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Escambia county beach access #1 is a narrow strip of sand that leads to the gulf where the snorkeling reef is. The strip is between Beach Colony Resort and La Playa Condos. Step outside that strip and Barney Fife will be on your ass. There is no where the lay your gear down except the wet sand or the water. Why would the County build a reef there with those conditions? They should be embarrassed.
Shipoke.
Sorry about the mess i made above. couldnt figure how to edit or delete.
 

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I had to go back and read your original post. The first public parking lot is an Escambia county parking lot. Sandy Key Drives doesnt go to Johnson Beach.

If you moved east of that parking lot, you were either on the property of La Playa or east of that...Sandy Key Condo property.

You were nowhere NEAR federal property. Just as charts are a boaters friend, maps are your friend on land.

She was right, you were in the wrong.
If he was below the MHWL, why was he in the wrong, I'm not following you here unless you are meaning where he may have parked.
 
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