Episode 2: HB631 Origins and Impact

 

Show Notes

In this episode, we dive into the complicated and highly charged fight over customary use and private beaches in South Walton (especially along County Road 30A). The conversation begins with a recap of HB 631 — a controversial Florida law that many local residents believed would “take away the beach” from the public. Amid election-period rhetoric, people received alarming emails about losing beach access, but as Senator Passidomo, one of the bills sponsors points out, much of the fear stemmed from misunderstanding or mischaracterizing the language of the bill.

Next, we unpack the origins and mechanics of HB 631. It was introduced by legislators hundreds of miles away from Walton County, raising questions about representation and local versus state control. The guest expert, Senator Kathleen Pasadomo, walks us through how the bill was drafted, committee changes, and the intense negotiation process. She emphasizes that while the law might appear simple on its face, its implications for property rights and public access are nuanced and deeply rooted in Florida’s common-law doctrine of “customary use.”

We then hear from a beachgoer, Lindsey Oxford, who shares her personal experience trying to use what she thought was a public beach — only to be confronted by private beach signs, code enforcers, and confusing boundary markers like a small PVC pipe with a pink ribbon. Her story illustrates how the legal debate plays out in real life for visitors, not just in courtrooms or legislative chambers.

Finally, we reflect on the broader implications: how important civic engagement is, especially during the bill-making process; how legislation can be misrepresented during election cycles; and why people need to actively track bills, read staff analyses, and communicate with their local legislators if they want their voices to be heard. This episode is a reminder of why understanding civics matters — and how a seemingly technical land-use law can directly affect people’s lives and economy.

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Key Takeaways

• Legislation vs. rhetoric: Political messaging during election cycles can distort the real impact of laws like HB 631.

• Bill-making is complex: State bills go through multiple rounds of drafting, committee review, public input, and compromise before they become law.

• Public involvement matters early: Waiting until a bill is about to pass isn’t enough — citizen input during drafting and committee stages is most effective.

• Customary use doctrine: This is a legal principle rooted in common law that allows public recreational use of privately owned dry-sand beach areas, under certain conditions.

• On-the-ground confusion: Without clear physical markers, beachgoers may not know where they’re legally allowed to set up, even if the law supports their presence.

• Local consequences: For communities like South Walton, beach access affects tourism, property rights, and the very character of the shoreline.

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Reference Materials & Further Reading

To help you dive deeper into the issues discussed in this episode, here are some helpful links:

• WJHG News – Bill repealing 2018 customary use statute
  Coverage of SB 1622, which passed to repeal the 2018 statutory restrictions on customary use. (https://www.wjhg.com)

• Florida Senate Bill 1622 Analysis
  The official bill text and legislative analysis, which provides legal background and details on customary use. (The Florida Senate)

• Surfrider Foundation – Lawsuit to Protect Customary Use
  Explains the 2018 lawsuit in Walton County to affirm public recreational use of private dry-sand beaches. (Surfrider Foundation)

• FSBPA Legal Memo on HB 631
  The Florida Shore & Beach Preservation Association’s legal explanation of how HB 631 changed the customary use process. (Florida Shore & Beach Association)

• Ocean & Coastal Law Journal Paper
  A thorough legal analysis of HB 631, its origins, and its implications for customary use doctrine. (NOAA Institutional Repository)

• Florida Politics Analysis
  Expert commentary on how HB 631 limits local governments’ ability to create customary-use rules. (Florida Politics)