Why we still need a ‘Beaches for All Act’

*An illustration of what can happen if public beaches aren’t respected. (AI for S4F/ChatGPT)*

Sept. 2, 2026 by David Silverberg, Democratic candidate for Florida Senate, District 28

A happy Labor Day weekend to all!

Maybe, like so many locals and visitors, you’ll be heading to Florida’s beautiful beaches to take in the sun, sand and waves. After all, Florida’s beaches are its glory and nowhere more so than along the Southwest coast.

My name is David Silverberg and I’m running for the Florida state Senate in District 28, which covers all of Collier County, Hendry County and eastern Lee County.

In my district, Collier County alone has about 30 miles of beaches and they’re a prime tourist attraction and a place of relaxation and enjoyment for residents.

I enjoy them just like everyone else.

So it’s a real shock when I go to a beach and suddenly discover “Do Not Trespass” signs, or rows of chairs stretched across the beach with goons behind them making sure people are forced into the water. I always thought of beaches as a gift from Nature for everyone.

In fact, where people can go on a beach has been a contentious issue for a long time and there have been several efforts to deal with it.

Under Florida law, the public owns everything on a beach seaward of the “mean high-tide line”—i.e., the highest place where the high tide goes, or in practical terms, the wet sand. Individual property owners can own the sand down to that line.

In 2018 a law (House Bill 631) took away the rights of local governments to ensure beach access for the public. Before that, property owners had to prove in court that they were allowed to kick people off “their” beach. After HB 631 they could just do it. It was obnoxious and onerous and caused a lot of resentment and numerous lawsuits.

But last year the legislature corrected that with Senate Bill 1622 that repealed the earlier law and returned what is known as the “right of customary use” to the public. It was a bipartisan bill introduced by Sen. Jay Trumball (R-2-Pensacola) along with Sens. Darryl Rouson (D-16-St. Petersburg) and Lori Berman (D-26-Boynton Beach).

Even Gov. Ron DeSantis celebrated this bill. As he put it at the signing that June: “Senate Bill 1622 protects public beach access and streamlines beach restoration in Gulf Coast counties…It is a win for recreation, for tourism and for future generations.”

While restoring access, the law made clear that public ownership wasn’t taking away property rights. It also promoted beach restoration.

So the whole beach should be available to everyone and most property owners are fine with it. They have plenty of beach for themselves year round and the occasional beachgoers putting down a blanket and umbrella for a few hours doesn’t bother them.

But then there are extreme property owners who can’t bear the thought of even that. They’re often the owners of condos or private clubs that have improperly advertised a “private beach” as one of their perks. We’re seeing this in Collier County where a few owners are still trying to keep everyday people off the beaches that they have a right to enjoy.

That’s wrong. Clearly, we need to further clarify the public’s right to the beach.

That’s why I want to introduce a “Beaches for All Act” if I’m elected to the Florida Senate in District 28. Obviously, we need to refine the rules and ensure that all Floridians—and visitors—can fully enjoy the beach.

I want to specify that no private security guard can threaten, harass, bully, intimidate, or use violence to drive lawful beachgoers off a patch of sand. I want to make clear that only legal, legitimate, badged, unmasked law enforcement officers have the authority to administer the law on our beaches. And I want all beachgoers to be treated lawfully, equally and with dignity.

I hope you agree with me and if you do that you’ll vote for me for the Florida Senate in District 28 on Nov. 3rd.

I hope that you have a wonderful holiday weekend and can fully enjoy the beach anywhere you want.

Happy Labor Day!

This message is approved by David Silverberg and the David Silverberg4Florida campaign.

See Silverberg4Florida.com for more positions and opportunities to volunteer.

To donate to the campaign, please click here.