Bill Text: FL S0054 | 2019 | Regular Session | Introduced
Bill Title: Possession of Real Property
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S0054 Detail]
Download: Florida-2019-S0054-Introduced.html
Florida Senate - 2019 SB 54 By Senator Rouson 19-00020-19 201954__ 1 A bill to be entitled 2 An act relating to possession of real property; 3 repealing s. 163.035, F.S., relating to a governmental 4 entity’s establishment of recreational customary use 5 on a portion of a beach above the mean high-water line 6 on private property; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 163.035, Florida Statutes, is amended to 11 read: 12163.035 Establishment of recreational customary use.—13(1) DEFINITION.—The term “governmental entity” includes an14agency of the state, a regional or a local government created by15the State Constitution or by general or special act, any county16or municipality, or any other entity that independently17exercises governmental authority.18(2) ORDINANCES AND RULES RELATING TO CUSTOMARY USE.—A19governmental entity may not adopt or keep in effect an ordinance20or rule that finds, determines, relies on, or is based upon21customary use of any portion of a beach above the mean high22water line, as defined in s. 177.27, unless such ordinance or23rule is based on a judicial declaration affirming recreational24customary use on such beach.25(3) NOTICE OF INTENT TO AFFIRM RECREATION PUBLIC USE ON26PRIVATE PROPERTY; JUDICIAL DETERMINATION.—A governmental entity27that seeks to affirm the existence of a recreational customary28use on private property must follow the procedures set forth in29this subsection.30(a)Notice.—The governing board of a governmental entity31must, at a public hearing, adopt a formal notice of intent to32affirm the existence of a recreational customary use on private33property. The notice of intent must specifically identify the34following:351. The specific parcels of property, or the specific36portions thereof, upon which a customary use affirmation is37sought;382. The detailed, specific, and individual use or uses of39the parcels of property to which a customary use affirmation is40sought; and413. Each source of evidence that the governmental entity42would rely upon to prove a recreational customary use has been43ancient, reasonable, without interruption, and free from44dispute.45 46The governmental entity must provide notice of the public47hearing to the owner of each parcel of property subject to the48notice of intent at the address reflected in the county property49appraiser’s records no later than 30 days before the public50meeting. Such notice must be provided by certified mail with51return receipt requested, publication in a newspaper of general52circulation in the area where the parcels of property are53located, and posting on the governmental entity’s website.54(b)Judicial determination.—551. Within 60 days after the adoption of the notice of56intent at the public hearing, the governmental entity must file57a Complaint for Declaration of Recreational Customary Use with58the circuit court in the county in which the properties subject59to the notice of intent are located. The governmental entity60must provide notice of the filing of the complaint to the owner61of each parcel of property subject to the complaint in the same62manner as is required for the notice of intent in paragraph (a).63The notice must allow the owner receiving the notice to64intervene in the proceeding within 45 days after receiving the65notice. The governmental entity must provide verification of the66service of the notice to the property owners required in this67paragraph to the court so that the court may establish a68schedule for the judicial proceedings.692. All proceedings under this paragraph shall be de novo.70The court must determine whether the evidence presented71demonstrates that the recreational customary use for the use or72uses identified in the notice of intent have been ancient,73reasonable, without interruption, and free from dispute. There74is no presumption regarding the existence of a recreational75customary use with respect to any parcel of property, and the76governmental entity has the burden of proof to show that a77recreational customary use exists. An owner of a parcel of78property that is subject to the complaint has the right to79intervene as a party defendant in such proceeding.80(4) APPLICABILITY.—This section does not apply to a81governmental entity with an ordinance or rule that was adopted82and in effect on or before January 1, 2016, and does not deprive83a governmental entity from raising customary use as an84affirmative defense in any proceeding challenging an ordinance85or rule adopted before July 1, 2018.86 Section 2. This act shall take effect July 1, 2019.