TO ALLOW THE SALE OF ICE CREAM ON THE BEACH
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This is a petition to allow H2O High Waterline Services, Inc, State Lic. #42124871100222, Brevard County Lic. #329758,to sell ice cream and water to patrons on the wet sand area of the beach.
According to the 2004 Florida Statute 161.54 defines (3) "Beach" means the zone ofunconsolidated material that extends landward from the mean low-water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore".
SUMMARY:
Area B/C = The wet sand area of a beach is land held in trust by the state for all people. This land, according to the above definition, is part of the "beach" that is publicly owned
Area A/B = Thedrysand area of a beach can be privately or publicly owned
Area A/C = The wet & dry areas combined, the area known as "The Beach"
Please consult a land attorney for clarification on land ownership.
Florida Attorney General Advisory Legal Opinion states that in the absence of authorization from the State Legislature, however, a municipality cannot charge a fee for, or otherwise regulate or restrict, public admission to and use of the wet-sand beaches of the state, which are owned by the state and held in trust for all the people. Cf. AGO-074-279
Finally, it should be emphasized that the foregoing discussion applies only to public admission to and use of municipally owned beaches. Wet-sand beaches (beaches between the mean high and mean low water lines) are, of course, owned by the state and held in trust for all the people. See Article 10, s. 11, State Constitution; White vs. Hughes, 190 So. 446 (Fla. 1939); City of Daytona Beach vs. Tona-Rama, Inc., 294 So. 2d 73 (Fla. 1974).
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