A proposed code change on the agenda of the Monroe County BOCC meeting next week seeks to allow the turnover of a long-time public beach access to a private HOA in Key Largo.
Surfrider Florida Keys urges residents to contact the board by Monday and voice their opposition and help us defend our right to the water!
MEETING LOCATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
June 21, 2023, 9AM
Murray E. Nelson Government Center
102050 Overseas Highway, Key Largo, FL 33037
Members of the public can also attend will be via Communications Media Technology at: Zoom
webinar: https://mcbocc.zoom.us/j/84570484821
SUBMIT WRITTEN COMMENTS
Email Lindsey Ballard
(ballard-lindsey@monroecounty-fl.gov), no later than 3:00 P.M. Monday 6/19
The email must include:
Name / Address / Phone Number and Agenda Item (P-16)
Sample:
Name
Address
Phone #
Agenda Item P-16
Dear County Commissioner
As a resident of the Florida Keys and Monroe County, I urge you to uphold the current County
Code and the Livable CommuniKeys Master Plan which clearly prohibits the abandonment of
public beach access and any revision to this code. While not only setting a bad for more
challenges like this, removing this neighborhood access will displace families and residents who
have used the location for decades. I strongly ask that you stand by your words and protect our
right to the beach for ALL residents of Monroe County.
Thank you,
(Name)
------
View Surfrider Florida Keys Public Comments to the BOCC below.
Mayor Craig Cates
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
RE: Opposition to Item P.16 AmendingSection 19-1(b) oftheCountyCode
Dear Mayor Cates,
Surfrider Foundation Florida Keys Chapter strongly opposes amending the County code that
would allow for the privatization of the Bay Harbor Park right of way. Surfrider Foundation is
dedicated to the protection and enjoyment of our ocean, waves and beaches, for all people,
through a powerful activist network. The Florida Keys Chapter is composed of Monroe County
residents who live, work and play on the water, and are committed to ensuring access to our rich coastal and marine resources for everyone.
Protecting public beach access to our globally significant waters throughout the Florida Keys is
of utmost importance to visitors, residents, and businesses alike, driving a tourism economy
valued at more than $1.3 billion. Despite their tremendous value, a majority of public water
accesses are limited to the sides of channel bridges, often miles apart, and many residents rely on local right of ways within their neighborhoods to reach the beach and water.
Surfrider believes this amendment would open the door to other homeowner associations and
private organizations to seek takeover of the already limited public beach and water accesses
throughout our island chain. Setting this precedent would have the following negative effects:
1. Local residents and visitors outside of the HOA lose their right as a Floridian (determined
by law) to the water.
2. Impacted residents must now drive or drive further to access beaches and water, further
adding more vehicles to already heavily trafficked areas.
3. Nearby homes outside of the HOA see a decrease in home values.
4. With less public access to beaches and the water, the primary draw for tourists would
also be less, having negative ripple effects to the Florida Keys economy.
Furthermore, allowing such an amendment would go against the County Code and the Livable
CommuniKeys Master Plan. Monroe County Code Section 19-1(b), prohibits the abandonment of this public right of way and beach access and must be upheld, not revised. Revising the County Code would contravene the public interest, as it would make it impossible for the public to access the coast and exercise their public trust rights at the shoreline, seaward of the mean high tideline (See Florida Constitution, Article 10, Section 11), and to recreate on the dry sand as they customarily have for decades.
In July 2018, former Governor Rick Scott issued Executive Order Number 18-202, entitled
Preserving Public Beach Access, which directed all state agencies to not adopt any rule
restricting public beach access to any Florida beach customarily used by the public, and urging local governments to do the same – i.e. not adopt any ordinance or rule that would restrict or eliminate access to Florida’s public beaches. The proposal to abandon the County Right of Way would violate this Executive Order.
Abandoning the Right of Way, and/or revising the County Code to permit such an abandonment would also violate the Livable CommuniKeys Master Plan. In particular, the amendment would violate Strategy 10.4, which is “Protect and maintain all existing public shoreline access points within the planning area,” and Action Item 10.4.2, “Do not allow abandonment of county-owned land with access to the shoreline.” The Master Plan recognizes that public beach access is already limited in this area, and prioritizes protecting and maximizing public accesses.
On behalf of the public interests in Monroe County represented by the Surfrider Foundation
Florida Keys Chapter, we urge you to protect public beach access and maintain, not amend,
County Code Section 19-1(b).
Sincerely,
Whitney Wemett
Chair, Surfrider Foundation Florida Keys
CC:
Mayor Pro Tem Holly Merrill Raschein
Commissioner David Rice
Commissioner Michelle Lincoln
Commissioner Jim Scholl