Commissioners direct staff to collect public evidence on customary-use for Perdido Key beaches; 90-day submission window set

The Escambia County Board of County Commissioners voted to direct the county attorney’s office and county staff to gather and catalog public submissions (deeds, photographs, affidavits/testimonials and other documentary material) that bear on whether parts of the Perdido Key sandy beach meet the legal elements for a customary-use ordinance.

Board discussion and legal context: Commissioner Steve Stroberger reintroduced a long-running debate over customary use and urged the board to move from repeated public meetings to a structured evidence-gathering process. County counsel advised that any ordinance declaring customary use would require parcel-level legislative findings and defensible evidence on the legal elements (ancient, reasonable, uninterrupted, and free-from-dispute use). Counsel recommended the county act as a repository for evidence rather than presuming a geographic outcome and noted that testimonial evidence should be collected in a form usable in court (affidavits) if the county later pursues an ordinance.

What the board directed: By majority vote, the board asked the county attorney and staff to establish a public submission process and act as a passive repository for materials. The chair and staff proposed a 90-day intake period for submissions with an additional period for staff review; commissioners indicated a full report back to the board in roughly six months, after the county compiles and analyzes the evidence.

Public reactions at the meeting: Dozens of residents spoke for and against customary use. Supporters described decades of informal public access and urged preservation of beach access for county residents; property owners warned of legal costs, loss of property value and argued the county should instead buy easements or negotiate access. Several speakers cited a 1978 court ruling involving the county and customary-use claims; participants on both sides referenced past litigation and precedent during their remarks.

Practical steps and safeguards: Staff said it will create an online submission portal or dedicated email, accept attachments (photos, deeds, sworn statements), and supply guidance on affidavit form and evidentiary standards. Counsel indicated that the board would later decide whether to pursue an ordinance, a narrower geographic scope, or voluntary agreements with owners. Commissioners emphasized the process is intended to move the issue off repeated public-comment agendas and provide the board a factual record to evaluate legal options.

Next steps: Staff will publish submission instructions and accept materials for an initial 90-day period; the county attorney will compile and analyze incoming materials and report back with a recommendation and possible timeline for ordinance drafting or other options within approximately six months.