Advisory panel hears city attorney on customary‑use ruling; members raise alarm over new beach posts and signs

The Beach Stewardship advisory panel met in St. Pete Beach and received a legal briefing and public concerns about recent developments that could affect public use of the shoreline.

The city attorney told the group there is "a recent decision from the First District Court of Appeal" and summarized the legal landscape that has required local governments and property owners to litigate customary‑use claims. "There was a Florida statute that put the onus on the counties and the cities to sue their own beachfront property owners to establish customary use through judicial determination," the city attorney said, and offered to prepare a fuller presentation for the committee’s next meeting.

Why it matters: Members said the ruling and related litigation risk could force costly legal battles and weaken local control over access. Vice Chair Kurzman urged the committee to act now to shore up local protections and recommended drafting ordinance language to strengthen customary‑use defenses and to coordinate with city legal staff before adversarial claims arrive.

Signage and posts: Kurzman and other members reported spotting new 4x4 posts concreted into the sand and aligned as if to host rope lines. Kurzman argued the installations appear intended to demarcate cabana or hotel guest zones and warned they may exclude the public "under the guise of saying, well, this is to control alcohol." "It has nothing to do with alcohol," Kurzman said, arguing the effect would be exclusionary.

City staff and the committee agreed to follow up. Kurzman committed to provide photos and slides to the clerk and staff ahead of the next meeting so the city can research whether the posts were permitted and where they are located; the city attorney said he will bring a fuller customary‑use presentation to a future meeting. The advisory group asked staff to check whether any active customary‑use cases exist on the local beach and to review permit and enforcement records tied to the posts.

Authorities and next steps: Members referenced Florida Statute FS 161.021 (lateral public rights on sandy beaches where access existed on or after July 1, 1987) while discussing legal strategy. The committee directed staff to research the posts’ locations, applicable state permits and any ordinances that could be updated; the city attorney will present the legal implications at a subsequent meeting.

The panel adopted the meeting agenda modifications and approved prior minutes before adjourning; no binding policy changes were made at this session.