Backstreet Boy Brian Littrell Takes Legal Stand Against Beach Trespassers

Santa Rosa Beach, Walton County, Florida, USA - Brian Littrell, the popular member of the Backstreet Boys, is making headlines as he takes legal action against a Florida sheriff’s office. His complaint stems from what he perceives as inadequate protection of his beachfront property from frequent trespassers. Littrell’s company has filed a petition in Walton County, highlighting his ongoing battle over beach access rights that brings to the forefront a larger conflict between affluent property owners and public beach users across the Sunshine State. As Littrell himself stated, despite erecting „No Trespassing“ signs and constructing barriers, his family faces daily disturbances from trespassers drawn to his $3.8 million property in Santa Rosa Beach. As reported by the Associated Press, the Walton County Sheriff’s Office has yet to comment on the litigation, but it has come under fire for not proactively addressing the issue.

Mired in the legal complexities of beach access in Florida, Littrell’s situation is emblematic of broader tensions that have simmered for years. Under state law, the sand below the high tide water mark is considered public domain, while property owners are generally considered to own sand up to the average high-water line. This dichotomy creates friction, especially when developers and homeowners feel their privacy is intruded upon by beach access granted to the public.

Recent Legislative Changes

The challenges surrounding beach access have gained attention recently due to new legislation signed by Governor Ron DeSantis. Last month, a law was enacted that repeals a 2018 measure which made it considerably tougher for local governments like Walton County to establish customary beach use without prior notifications and court approvals. As highlighted by WUSF, the 1st District Court of Appeal is currently considering whether this repeal might render certain legal disputes moot, with a hearing scheduled to delve into the specifics. The public’s right to access beaches below the mean high water line is enshrined in the Florida Constitution, yet property owners are raising concerns regarding how these rights intersect with their own.

The 2018 law had drawn ire from the public, with complaints about restricted beach access proliferating. This prompted lawmakers to re-evaluate the situation, leading to the swift passage of a new bill (SB 1622) to restore local control. As indicated by the recent reports, Walton County is central to the ongoing debates about „customary use“ and beach access, with various property owners disputing established rights in court.

Understanding Customary Use in Florida

The concept of „customary use“ is essential to understanding the legal landscape of beach access in Florida. According to the Surfrider Foundation, customary use recognizes and protects existing public beach access rights based on longstanding practices. For access to be classified as customary, it must be ancient, reasonable, uninterrupted, and publicly accepted. While recent legislation has added layers of complexity regarding the establishment of such rights, it maintains that the public still has rights to access beaches beyond the mean high tide line, stemming from the public trust doctrine in the Florida Constitution. However, under the new law, local governments are constrained in how they enact „Customary Use Ordinances,“ requiring judicial affirmation before implementation.

As it stands, Walton County finds itself at a crossroads, grappling with legal suits and the public’s demand for beach access. Property owners are gearing up for complex court battles about customary use rights, while residents with historical claims to beach access are being urged to document their usage. Regardless of the outcome of Littrell’s case or the ongoing legislative changes, one thing remains clear: the relationship between beachfront property owners and the public will continue to evolve, and it promises to remain a hot topic across the idyllic shores of Florida.