Old Swimming Beach and entering from the water...

[Ocaliman]

I need an opinion... I know of a place here in central Florida that is/was a fairly popular swimming beach on a public lake. The beach has had a commercial operation for swimming, picknicking, etc. for many many years. I have heard stories of people trying to gain permission in the past to detect the beach, but have had no luck in gaining said permission from the old owners. I noticed awhile back that it is closed and may reopen after remodeling, and have heard that the original owners have since sold the property. The question is...

Since this is a public lake with a county owned boat ramp, (which btw is open to metal detecting in the county parks) would you think that I would have any problem using my pontoon boat, anchoring off the property, raising a dive flag, and hunting the area with SCUBA gear? I know that in the state of Florida, a property owner owns lake front property, and has Littoral rights, which dictate that his property line is dynamic with the rising and falling of the lake waters. Since this is a pay-to-use privately owned "beach", do those property rights extend out into the lake itself?

Any help on this would be greatly appreciated.

 

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[Treasure_Hunter]

I have heard many times from many sourses, that if there is a public access to the body of water then you can legally anchor off shore and work the shallow water. You can't go up on their dry beach land. Now I am not a lawyer, but if I had a boat I would not think twice about doing it.

All below is based on Lake Front Property, not Ocean.

From one site on florida property owners rights " By law in Florida property owners can own the shoreline, but the public owns the water." Taken from this link. http://www.lakefrontflorida.com/faq.html#1 Under (3. What is a conservation zone)

Same link under 6. Water skiing, boating and fishing "Florida lakes are publicly owned and regulated by State Water Authorities. In most cases, access is available to all Florida lakes unless private parties own all the land surrounding the lake and there is no inlet to the lake from any outside public waterway."

 

[Ocaliman]

Treasure_Hunter, thanks for the heads-up on this website. I was pretty certain this was the case, but wanted to get some more opinions. I will see you at the Shootout...

 

[Treasure_Hunter]

OM,

No problem glad to help if I can, Looking forward to the shootout and to some night hunting as well. I have a room reserved at the same hotel as you so it will be easy to get together and do some hunting.

Maybe we can get together sometime on a weekend and do some hunting other then at Daytona. I am up for any lake or river hunting that is legal. Too old to be sneaking in commando style.

 

[Ocaliman]

I spoke with my Attorney a few moments ago, and he confirmed what you said. Just don't go on the beach and everything is wide open to hunt.

Let me get the boat cleaned up, and my dive gear together and we can hit this spot. Should hold some old goodies, just ripe for the takin'

 

[Treasure_Hunter]

Just give me a call and let me know sometime......I don't dive, wish I did, just never took it up althought I would consider it in a heart beat.

 

[coin_diver]

Same is true here in NY, public access to the "Mean, High water mark" except on some creeks or rivers. Isn't it nice to be within the laws!
However, my buddy had an arrow shot at him while in the water!

 

[Ocaliman]

I know the area you are speaking of. I've asked quite a few times over the years, and have always been turned down. The owner told me he detects the beach/water in the off season to supplament his income.

Being the area is a pay beach, and is roped off there may be some legal ramifications. Make sure to do the legal, including deed rights to that property (commercial). Eaton Beach area may or may not fall under "public", as the property on that shoreline is private.

Hey SWR, I wanna thank you for naming the beach, that I was sure NOT to name in my original post. I didn't name it, not because I was worried about doing anything illegal, but because I didn't want to show up there and be wall to wall divers w/ detectors. It appears that you haven't done your homework recently, as the owner in which you speak of sold the property approx. 2 years ago, The new owner's are in the process of remodeling, and the area is NOT roped off, as you mentioned in your post. The only thing that denotes this as a swimming beach are the NO WAKE and SWIMMING AREA bouys that are floating offshore.

By the owners making the public pay, all they were doing is allowing the public access to their beach, not the lake itself. I can go to Carney Island, Hampton Beach, Gator Joe's, etc. and gain access to the water. As long as I don't touch the dry land along the shoreline, I can pretty much SCUBA my ass all the way around the lake and detect under any dock that I decide to.