PERDIDO KEY -- The debate over customary use of Florida beaches is now very visible on Perdido Key. Off-duty Escambia County deputies have been on the beach behind some condos, and are being paid by condo owners to help them enforce what they believe are their property rights. The condo owners believe the beach up to the wet sand is theirs and they can kick the public off. But many in the public argue they should have access to beaches they've historically used. The county is now asking sworn affidavits from both the public and the condo owners about why they think the beach should be public or private. Commissioner Steve Stroberger shared the following statement to WEAR News. "What you’re seeing highlights exactly why this issue has become so complicated. The Sheriff’s Office is enforcing private property rights based on the information and documentation provided to them by individual property owners and condominium associations.

Off-duty Escambia County deputies have been on the beach behind some condos, and are being paid by condo owners to help them enforce what they believe are their property rights.

 

Some associations have chosen to allow the public to use portions of the beach in front of their properties, while others are exercising their right to restrict access.

The 75-foot public easement applies only where the public has a legal right to use that area. It is not a blanket rule that applies uniformly across all privately owned beachfront property. As a result, beachgoers may encounter different policies from one property to the next.

I understand that this can be confusing and frustrating for residents and visitors. At the same time, I believe it’s important that we respect established private property rights while continuing to work toward clear communication and practical solutions that minimize conflict and ensure everyone understands where they can and cannot go."

 

While courts and governments are still wrangling with what parts of the beach are public or private, Escambia County Sheriff Chip Simmons says his deputies are well-versed on the issue.
 

"We are aware of the conversation regarding property rights on Perdido Key, however our deputies working off duty are well versed on what is private and what is public. We only enforce the private property requests. We treat private property on the beach like we do any other place in Escambia county.''

Simmons says the deputies treat private property on the beach like any other place in Escambia County. But that's where the problem is -- what's public and what's private.

Some condos allow the public onto the dry sand, but draw a boundary further up the sand to keep the public off.

"Right now, we are in a state of legal flux," attorney Rachael Gilmer said. "My reading of the current state of the law is the condo associations cannot deny people legal right or the public the legal right to use the beach property."

Commissioner Stroberger sides with the condo owners, and their push to keep the sand near them private.

"I think you know I respect private property rights," Stroberger said. "...The 75-foot public easement applies only to the area where the public has a right to use."

Stroberger is referring to 64 deeds from 1957 that were found in 2025. The deeds indicate that a 75-foot buffer existed from the wet water line inland, creating a corridor for the public.

But the interpretation of those deeds is now being argued in court. Until a final decision is made, Stroberger says some condo owners are allowing the public to use part of the beach.

"Right now, with the easement or customary use argument, the public has access to the beach, but they don't own the beach," said Gilmer. "The property owners still own their property but the public is granted access to their property. I think that is an important distinction because there are incorrect arguments that the government is trying to steal or take away the property owner's land."

The sheriff's office could not say how many condo associations have hired deputies for security. The deadline to submit customary use evidence in the county portal is Aug. 28.