In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the Comment addresses problems that Dolan may create in Florida's access laws. The Comment concludes by offering suggestions to preserve beach access in Florida, including proposals for amending Florida's statutory chapter on beach access, platting of public beach access points, and creating a citizen standing provision to enforce beach access.
Willson, Shawn M.
"Exacting Public Beach Access: The Viability of Permit Conditions and Florida's State Beach Access Laws After Dolan v. City of Tigard,"
Florida State University Journal of Land Use and Environmental Law: Vol. 12
, Article 5.
Available at: https://ir.law.fsu.edu/jluel/vol12/iss2/5