Can you get a ticket for walking along beaches that homeowners say are private?

The punishment for walking along beaches that homeowners say are private may be far steeper than a ticket. It could be seen as trespassing, a first-degree misdemeanor under Florida law. A person convicted of a first-degree misdemeanor may be punished with a maximum one-year prison sentence. 

Before HB 631 was signed into law in 2018, beachgoers were allowed to use any part of the beach below the high water line. The law restricts local governments from making legislation that allows public entry into privately owned beaches. 

Florida Statute 163.035, or “The Establishment of Customary Use,” outlines recreational beach usage. Government agencies can’t make or keep rules that allow recreational beach usage above the high tide line unless a court has officially decided that public recreational use is permitted. 

The mean high water line is the boundary between public beach area and private property and is determined by multiple measurements over 19 years.