Posted on October 1, 2025
Florida Governor Ron DeSantis signed legislation in June that restores local authority to recognize recreational customary use of Florida’s beaches while also streamlining beach restoration efforts in small Gulf Coast counties such as Perdido Key.
The legislation comes after six lawsuits filed by Perdido Key condo associations challenging the 75 ft. public access easement along the Gulf of Mexico were dismissed by Circuit Court Judge Jan Shackelford this past January.
The 75-foot perpetual easement for public use was included in the original 1957 deeds when the U.S. government conveyed 64 Gulf-front lots to the Gulf Beach Subdivision, a 1.5-mile corridor stretched from the subdivision’s eastern edge to Perdido Key State Park.
Judge Shackelford ruled that all 64 lot owners in the subdivision are indispensable parties to the litigation and must be included in any lawsuit challenging the easement.
In 2023, then commissioner Jeff Bergosh found a clause in a land deed opening up miles of beachfront for the public that was once considered private. Condo owners objected to the public access and filed suits, but the judge dismissed them.
All of Perdido Key’s beaches allow public access to the beach south of the mean high tide line. But the beach north of that line in some cases is restricted.
The new law will give Escambia County a way to allow access to that section of the beach without going through costly judicial declarations on a parcel-by-parcel basis.
Under the recently passed bill, counties and cities can adopt ordinances recognizing recreational customary use, such as walking, fishing and swimming. The bill repeals a 2018 law that limited the ability of local governments to uphold long-standing public beach access traditions.
The legislation also improves the process for restoring eroded beaches for those with fewer than 275,000 residents by allowing the state to use the mean high-water line as the erosion control line, eliminating possible delays to restoration projects.
The law does not infringe on private property rights or expand public ownership beyond what is already recognized. But it does give communities a path forward to preserve public access after judicial review.
Florida’s beaches and near-shore coastal waters contribute more than $50 billion annually in tourism impact and support over 900,000 jobs, according to the state.
“Senate Bill 1622 protects public beach access and streamlines beach restoration in Gulf Coast counties,” said Gov. DeSantis. “It is a win for recreation, for tourism and for future generations.”
Escambia County passed an ordinance in 2023 limiting Perdido Key property owners to one “no trespassing” sign on their beachfront property line that must be 10 feet from the dune line.
Local citizen Gary Holt has spearheaded the effort to keep the beach open to all citizens. He said he is in the process of asking Escambia County commissioners to recognize the new law as an executive order.
“Customary use is a game changer for Perdido Key,” Holt said. “No more arguing over property lines and who own which white sand! It is a big campaign issue for the West Escambia County residents that love Perdido Key.
“Also for the local and out-of-state condo owners that were told by local realtors if they bought in Perdido Key they would have a private beach. For the last 10 years the local realtors have used this sales gimmick to separate their condo listing from Orange Beach and Pensacola Beach.”
Escambia Commissioner Steve Stroberger told the Pensacola News Journal that he doesn’t believe it’s necessary to push for an ordinance recognizing recreational customary use.
“It’s not my intention to do anything at this point. I feel like everybody’s working well together down there on the beach. We’ve even got deputies down there to make sure that everybody abides by the rules,’’ Stroberger told PNJ.
“ I don’t want another lawsuit, and I don’t really want to mix it up with everybody, if everybody seems to be doing well on the beach. I do believe that the beaches are for the public, but I also believe in property rights. It’s really quite a tightrope we have to walk with that.”
