Committee backs repeal of 2018 customary-use restrictions after heated Walton County testimony

The Committee on Judiciary voted to report favorably on SB 1622, legislation that would repeal the 2018 statutory framework for recognizing customary public use of beaches and restore to local governments the authority to recognize or protect customary public use.

Senator Jay Trumbull, sponsor of the measure, said the 2018 enactment had particular effects in Walton County by preempting a county ordinance adopted after the date cutoff in the 2018 law. "The law fundamentally altered public beach access in Walton County," Trumbull said, and the new bill would "restore local government authority to recognize and protect customary public use of beaches."

The committee heard extensive, often emotional testimony from residents, local officials, property-rights advocates and tourism and real-estate stakeholders. Supporters from Walton County described confrontations between beachgoers and security or private vendors, and they warned of lost tourism revenue, falling bookings for vacation rentals and erosion of community life. A number of witnesses said the practical result of the 2018 statute has been increased privatization of previously accessible dry-sand areas, harassment of visitors and local economic harm.

Walton County Commissioner Tony Anderson and the mayor of nearby Destin urged repeal. Anderson said customary public beach use had been long-standing in the county and urged restoring local authority. Local tourism and preservation groups, including the Florida Shore and Beach Preservation Association (President Pepper Ucchino), also testified in support, saying the change would reduce conflict and restore the recreational public character of the beaches.

Opponents, including several landowners and a speaker who described himself as a homeowner, argued that the bill would erode property rights and raise takings questions. John Howard, who identified himself as a Walton County resident and homeowner, called repealing the statutory process a “wrecking ball,” arguing private owners have constitutional protections and due-process rights.

Several senators debated the foundational issue of whether customary-use disputes belong to the legislature or to the courts. Senate leadership voices said the 2018 statute had been intended to establish a judicial mechanism counties could use to confirm customary use; one senator urged using courts to adjudicate claims rather than wholesale repeal. Others said Walton County’s experience had produced public-safety and tourism harms that justify legislative action.

Senator Trumbull closed by stressing the local economic and practical consequences — testifiers reported cancelled bookings, harassment and a decline in local foot traffic to businesses — and asked members to advance the bill. The committee roll call recorded 9 yeas and 2 nays; the transcript shows the committee reported SB 1622 favorably.

The hearing included factual claims about visitation and local market conditions: witnesses cited staff figures that as many as 1,194 private properties in the county claim title to beach areas and said Walton County had seen an 11% drop in tourism in a reported period; several speakers tied hotel and vacation-rental demand to beach access. The sponsor and several members signaled willingness to work further on narrow refinements before floor action.

Opposition and support both asked for subsequent clarifications — opponents sought protection for property owners' due process and drainage/utility conditions; supporters urged restoration of public access to protect tourism, local businesses and recreational users.