Episode 5: Dismissed With Prejudice

🎙️ Show Notes: Customary Use, Vendor Impact & the Changing Beach Economy

In this segment, we examine how the repeal of local ordinance authority under HB 631 forced Walton County into the courtroom to establish customary use, leading to over 1,100 lawsuits and mounting legal costs. While the intent was to ensure non-political adjudication of property rights, the real-world application resulted in years of litigation with minimal gains. Most critically, over 1,044 beachfront parcels were “dismissed with prejudice” in 2023, meaning Walton County will never again be able to bring customary use claims against those properties. This effectively prevents customary use from ever being reestablished along most of South Walton’s beaches, regardless of any change in statute.

We hear from beach vendor Jake Williams, who describes the local business impact since the law’s implementation. Once a low-barrier entrepreneurial opportunity for high schoolers and small local operators, beach vending has now transitioned into a contract-driven industry dominated by larger companies. Vendors like Jake find themselves turning away business due to limited access points and increasingly restrictive property rights. Simultaneously, as Gulf-front access narrows, more tourists are being pushed into overcrowded areas, leading to a strange phenomenon: more people visiting 30A, but fewer using the beach.

Jake highlights the growing disconnect between visitors' expectations and on-the-ground beach access realities. Longtime vacationers are leaving for quieter destinations like Orange Beach, Alabama, while locals struggle to maintain business growth due to legal ambiguity, rising competition, and increasing privatization. What was once part-time beach work is now a competition influenced by legal contracts, HOA negotiations, and escalating enforcement measures.

The implications extend beyond business—this evolution is redefining what it means to live, work, and vacation on 30A. As Jake puts it, “Everyone is my boss—clients, HOAs, the county.” Vendors are caught between tourism demand and private property enforcement, navigating a system where access is determined less by tradition and more by legal strategy and contract leverage.

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🔑 Key Takeaways

• Dismissed With Prejudice (2023): Walton County can never refile customary use claims on over 1,044 parcels, even if HB 631 is repealed.

• Shift From Free Market to Contract Market: Beach vending has moved from open territory to contract-only service, stifling small local businesses.

• Tourism vs. Access Mismatch: More visitors, but fewer actual beachgoers due to access restrictions and contract limitations.

• Business Uncertainty: Vendors rely on maintaining relationships with HOAs and homeowners but face fierce competition from larger, well-capitalized companies.

• Growing Visitor Frustration: Long-term tourists are leaving for more accessible coastal areas; fewer repeat visitors returning to 30A.

• Legal Confusion Persists: Enforcement lacks clarity; local vendors often serve as educators in real time regarding where guests can sit.

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🔗 Reference Links & Resources

(Note: Use as hyperlink references or ending resources section)

• Florida HB 631 (2018) – Customary Use Law
  Legislative Text & Analysis

• “Customary Use” Legal Explanation (Florida Bar Real Property Law)

• Walton County vs. Beachfront Owners (Case Settlement Overview, 2023)

• Interactive Beach Ownership Map – Walton County GIS Mapping Tool

• Florida Supreme Court Guidance on Customary Use Doctrine

• Economic Impact Report on Coastal Tourism Rental Trends Post–HB 631

• Orange Beach, AL Tourism Data (VisitAL Beaches Report)

Reference Links

• Florida House Bill 631 (2018): “Possession of Real Property” — prohibits local governments from enacting customary use ordinances and changes ejectment rights.
  https://www.flsenate.gov/Session/Bill/2018/00631 The Florida Senate+1

• Article: “New Florida Law may Restrict Public Beach Access” — overview of how HB 631 impacts beach access.
  https://www.pallegarlawfirm.com/articles/new-florida-law-may-restrict-public-beach-access/ Pallegar Law Firm

• Legal article: “Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy” — academic analysis of customary use law in Florida.
  https://scholarship.law.ufl.edu/facultypub/831/ UF Law Scholarship Repository

• Blog post: “Customary Use Litigation in Walton County, Part II” — breakdown of the litigation results and “dismissed with prejudice” issue.
  https://clarkpartington.com/2023/12/05/customary-use-litigation-in-walton-county-part-ii/ Clark Partington

• Article: “Senate committee advances bill to repeal Walton County beach access law” — covers proposed legislative change (SB 1622) in 2025.
  https://www.getthecoast.com/senate-committee-advances-bill-to-repeal-walton-county-beach-access-law/ Get The Coast

• Surfrider Foundation news: “Lawsuit Filed to Protect Customary Use in Walton County, Florida” — about the original lawsuit by the county in 2018.
  https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida Surfrider Foundation