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Residents urge Escambia County to adopt customary-use beach access ordinance following state law change
Summary
Multiple residents asked the Escambia County Board of County Commissioners to adopt local rules implementing Senate Bill 1622, which supporters say restores customary public use of beaches; county staff said ongoing litigation over a 75-foot easement remains the top priority.
Dozens of residents told the Escambia County Board of County Commissioners on Oct. 2 that the county should move quickly to adopt a local ordinance implementing a recently enacted state law on customary public use of beaches.
Supporters said the Legislature’s action — identified in public remarks as Senate Bill 1622 — restored pre-2018 conditions and removed a requirement for a prior judicial declaration in some cases. "He signed it. So Senate Bill 1622 is a law," said Gary Holt, who urged the board to put the matter on a future agenda.
Why it matters: County residents and property owners said a local ordinance would secure recreational public access for future generations, preserve coastal recreation and resolve local disputes without repeated litigation. Several speakers warned that local action is needed while parallel litigation over mapped beach easements proceeds; county staff said the court case remains the immediate legal issue.
What commissioners heard: Speakers in favor of customary use included Gary Holt, Diane Crummell and other Perdido Key residents who described longstanding, historical recreational use of local beaches and urged the board to act. Charles Krupnick, a Perdido Key resident, told commissioners he opposed adopting customary use on Perdido Key, saying beachfront owners purchased properties with expectations of private use and that many properties are rentals or second homes.
County staff response: A county legal representative said the county is currently defending litigation over whether a 75-foot-wide public easement exists across roughly 1.2 miles of beachfront as shown on 1950s-era plats. "That case is going to have to go into a court-ordered mediation later in the month of October, and it is yet to be resolved by the court," a county attorney said during public comment. The attorney added that customary-use implementation would require evidentiary steps — witnesses and historical proofs of recreational use — and an ordinance to be defensible in court.
What was not decided: Commissioners did not vote on an ordinance at the meeting. Several commissioners acknowledged the state law change and the ongoing litigation; one commissioner said staff and legal would continue discussions and that the litigation is "front burner." No formal direction adopting an ordinance was issued at the meeting.
Context and next steps: Speakers said the governor issued an executive action and that passage of SB 1622 removed a statutory barrier created in 2018, but county staff emphasized the local legal posture remains contingent on the pending court case over the 75-foot easement. Commissioners signaled interest in further review and possible agendaing, but gave no timetable for action.
Ending: Commissioners did not adopt new policy at the Oct. 2 meeting. Residents who spoke said they will continue to press the board to place customary-use legislation on a future agenda and to secure public beach access for the future.
