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Residents urge Escambia County commissioners to reject "customary use" approach for Purto Key private beaches
Summary
At a Gary Sansing public forum, multiple Purto Key property owners and residents urged the Escambia County Board of County Commissioners not to pursue a customary-use ordinance, warning it would likely trigger costly litigation and that existing public beaches and cooperative approaches should be prioritized.
Speakers at the Gary Sansing public forum urged the Escambia County Board of County Commissioners to abandon efforts to establish customary public rights over privately deeded beaches on Purto Key, warning the county faces a steep legal uphill battle and substantial litigation costs.
Tony Hobs (introduced by the chair) told commissioners that Escambia County already lost a customary-use claim in a 1978 final judgment related to Purto Key and that the county “is not allowed to take a second bite of the apple.” He outlined the four elements courts consider for customary use—ancient, reasonable, uninterrupted and not in dispute—and warned that condominium owners have treated large stretches of shoreline as private for decades. “If passed, the lawsuits are next,” Hobs said, adding his view that the county’s chance of success is “probably less than 10%.”
Joseph Klein Peter, president of the Indigo Condominium Association, said his association holds deeds to the private beach down to the mean high tide line, described access controls his association uses for members and guests, and stressed the tax and tourism revenue generated by condo owners. “We paid quite a premium to be on the beach,” he said, adding that Indigo’s 177 owners have protected and maintained that property.
Several other residents echoed that view. Al Kof Francesco said the county has spent millions on prior lawsuits with little to show for it and urged the board to pursue property acquisition or cooperative agreements rather than litigation. Margaret Shrewsbury, another Indigo owner, said the island already has “two large public beach areas” that provide about 60% of the coastline for public use and asked the county to focus on improving parking and access at those public areas instead of adopting a customary-use ordinance that she warned would prompt court challenges.
Charles Krepnik criticized the process by which the county began pursuing customary-use research, saying the issue was added at the last minute to prior meetings and that staff were given a narrow mission to assemble historic evidence rather than a broader review of current access problems and infrastructure needs.
No formal vote or board action occurred at the forum. County staff told the public they were pursuing appraisals for parcels adjacent to Beach Access Number 3 and would resume negotiations after receiving updated valuations. The public forum was adjourned and the board’s regular meeting was scheduled to begin at 5:30 p.m.
