County counsel briefed commissioners on the legal standards and practical implications of declaring public customary use of the sandy beach strip, and the board agreed to an informational Committee on the Whole (CAL) in February followed by a meeting with a discussion and potential action item.

Counsel summarized recent statutory changes and the evidentiary threshold: the board would need to adopt an ordinance that identifies the precise geography and supports the declaration with an evidentiary record — photographs, documentary records, witnesses and other historical materials. Counsel warned that, if the county adopted such an ordinance, private upland owners could challenge it in court and that litigation was likely.

Why it matters: Counsel said the statutory presumption recently moved back in favor of public customary use, but emphasized that the county must be able to demonstrate the historical recreational use of the sandy strip in the specified geography. "If the county commission makes legislative findings by ordinance that there is a historic recreational customary use of certain parcels ... it would need to be based on the historical factual evidentiary record of customary recreational use," counsel said.

What the board asked for: Commissioners asked staff and counsel to prepare recommendations, potential schematic boundaries, and an evidentiary packet for the February CAL and a follow-up meeting; the board agreed that community input would be needed and that counsel should consult precedent from other counties (Walton County was discussed) to understand litigation risk and likely timelines.

Next steps: The board scheduled an informational CAL in February and requested staff and counsel return with recommended geography, evidentiary materials and possible ordinance language for a later meeting where the board could decide whether to pursue an ordinance or other steps. Counsel said the county should expect legal challenges if it proceeds and recommended careful evidentiary preparation before any ordinance vote.