Are some private beaches legally available for public use in Florida?

Florida recognizes a “recreational customary use doctrine,” which can allow the public to use portions of privately owned dry sand beaches for activities like walking or sunbathing if that use has been long-standing, open, continuous and without successful challenge.

Earlier this year, Gov. Ron DeSantis signed Senate Bill 1622, which repealed a 2018 law that required local governments to obtain court approval before recognizing customary use. The new law allows cities and counties to adopt customary-use ordinances more easily, without first proving the custom in court.

Property owners can still challenge those ordinances, though, and customary use must still be established based on historical evidence. Private beach owners do not lose all control of their property simply because the public has accessed it in the past.