Episode 5
In this episode, 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.
Reference Links & Resources
(Note: Use as hyperlink references or ending resources section)
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Florida HB 631 (2018) – Customary Use Law
Legislative Text & Analysis -
“Customary Use” Legal Explanation (Florida Bar Real Property Law)
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Walton County vs. Beachfront Owners (Case Settlement Overview, 2023)
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Interactive Beach Ownership Map – Walton County GIS Mapping Tool
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Florida Supreme Court Guidance on Customary Use Doctrine
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Economic Impact Report on Coastal Tourism Rental Trends Post–HB 631
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Orange Beach, AL Tourism Data (VisitAL Beaches Report)
Reference Links
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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