A prominent signpost placed by The Undertow Bar on St. Pete Beach has ignited a significant public debate regarding beach access and private property rights in Florida. The dispute centers on the legal definition of public beach access, specifically the mean high tide line, and whether the bar's signage adheres to state law.
Key Takeaways
- The Undertow Bar erected signs claiming a large portion of St. Pete Beach as private property.
- Florida law designates the area seaward of the mean high tide line as public property.
- The signs were placed in wet sand, raising questions about their legality.
- The City of St. Pete Beach is actively seeking a resolution with the bar and local authorities.
- Legal experts suggest a court battle may be likely due to entrenched positions.
The Undertow Bar's Private Property Claims
The Undertow Bar recently installed a signpost featuring multiple signs asserting private property rights over a substantial section of St. Pete Beach. These signs extend from the bar's physical location directly onto the sand, reaching close to the water's edge. This action has drawn swift criticism from beach-goers and legal observers.
Initially, the signage included restrictions on pets, alcohol, coolers, chairs, tents, umbrellas, and even warned of potential searches. However, the City of St. Pete Beach intervened, leading to the removal of most of these restrictive signs. Currently, only the private property claim and a map of the bar's survey remain on display.
Fact Check: Florida Beach Law
- Florida law specifies that the mean high tide line marks the boundary between private land and public beach.
- The area seaward of this line, including the wet sand and water, is generally considered public property.
Legal Perspectives on Beach Access
The core of the controversy lies in the placement of the signs. Legal experts emphasize that Florida's constitution grants citizens the right to use the public portions of beaches. Charles Gallagher, an attorney with Gallagher & Associates Law Firm, clarified the legal standing.
"When we come down to that water line and the water itself, that's going to be public property and, under the [Florida] Constitution, they've got a right to go ahead and use that as citizens in that area," Gallagher stated.
The signs are visibly posted in wet sand, an area typically understood to be public under Florida's mean high tide line rule. This placement directly contradicts common interpretations of beach access laws and has fueled public outrage.
The Bar's Stance and Survey
Despite public and expert skepticism, The Undertow Bar maintains that its signs are correctly placed. Timothy Webber, an attorney representing the bar, issued a statement affirming their position. He indicated that a survey was performed to determine the property boundary, including the mean high-water line.
According to Webber, this survey was submitted to and approved by the Florida Department of Environmental Protection (FDEP). The survey map is reportedly displayed on the signage itself. The bar asserts there is no public beach access on their private property based on this survey.
Background on Mean High Tide Line
The mean high tide line is an average of all high tides recorded over a specific period, usually 18.6 years. It is a dynamic boundary that can shift over time due to natural processes like erosion and accretion. Establishing this line precisely often requires expert surveying.
City of St. Pete Beach Seeks Resolution
The City of St. Pete Beach is fully aware of the ongoing dispute. City officials have engaged with the bar's ownership to address the community's concerns. Marc Portugal, the communications manager for the City of St. Pete Beach, confirmed these discussions.
"Our code enforcement team spoke with the owner, and we're all striving for a solution to their challenges," Portugal said.
The city's quick action led to the removal of several of the more restrictive signs. This demonstrates a commitment to balancing property rights with public access. City representatives are scheduled to meet with the Pinellas County Sheriff's Office to discuss the situation further and explore potential solutions.
Portugal highlighted the city's goal: "The city is looking to work with Undertow and the Pinellas County Sheriff's Office to find a solution that allows everyone to have appropriate access to the beach."
Potential for Legal Action
The disagreement shows no immediate signs of a simple resolution. Attorney Charles Gallagher predicts that this issue could escalate into a legal battle. He noted the strong positions held by both sides.
"I think you're going to have a court get involved here. I don't think this is a scenario where the party's going to resolve it on their own," Gallagher commented. "You have some entrenched sides on both sides, and I think this is a thing is set up for a lawsuit."
Gallagher also expressed skepticism about a court upholding the bar's claim to the water line. He believes a court would likely limit the private property claim to the higher end of the water line where it crests, rather than extending into the wet sand.
Community Impact and Future Steps
The debate has significant implications for both beach-goers and property owners along Florida's coastline. Public access to beaches is a cherished right in the state, and any perceived encroachment often leads to strong reactions.
The City of St. Pete Beach's proactive engagement with The Undertow Bar and the Sheriff's Office aims to prevent further escalation and find a mutually agreeable path forward. The outcome of these discussions, and potentially future legal proceedings, will set a precedent for similar disputes in coastal communities.
The Florida Department of Environmental Protection has yet to comment on The Undertow Bar's survey and its approval. Their input could be crucial in clarifying the legal boundaries and guiding the resolution process.
