Episode 5: Dismissed With Prejudice

Bonus 1: HBO Fame to Flame

In this Bonus Episode, Jared Schnader (host) speaks with Sara Day. She was interviewed for a previous episode of the Eroded Podcast, and came back in to speak with Jared about her involvement with the HBO series, Neighbors [https://www.hbomax.com/shows/neighbors/s1/b422f6c6-351f-4a27-be69-ba7e6b89b3c8/e1-shoreline-defender/6b84f8da-cdb0-4d32-887a-61d09fde18c7]. If you haven't seen it, the series highlights absurd and sometimes violent altercations between neighbors. The first episode, "Shoreline Defender", revolved around the battle over 30A's beaches. Sara Day is highlighted in the episode along with some other locals. While Sara and Eric Wilhelm, a local Beach Front Owner, are spotlighted to discuss the issues, HBO was able to find a cast of characters to draw in the audience through outrageous antics and some creepy interviews. Sara details her ongoing work to support free and open beaches in Walton County and what comes next.

Episode 7: No Good Deed

In this episode of Eroded, host Jared Schnader sits down with Sara Day, a Santa Rosa Beach resident who has become a central figure in the fight for public access to Walton County beaches. Moving from Texas in search of a laid-back coastal lifestyle, Sara quickly realized that the idyllic beaches she and her family had envisioned were not fully accessible to the public. From being harassed on the sand to discovering that some beachfront homeowners were actively misrepresenting property lines, Sara's journey exposes the complexities of private vs. public beach access in Florida. Sara shares the human side of this ongoing battle, describing the community dynamics, resistance from property owners, and the challenges of standing up against entrenched interests. She recounts specific incidents, including confrontations with individuals enforcing "private" beach rules and the lengths some will go to maintain exclusive access. Despite facing intimidation and threats, Sarah emphasizes a commitment to fairness and community, ultimately creating a solution that empowers residents and visitors alike. Central to this solution is the Shoreline Defender app, a free geospatial tool that uses NOAA data to help beachgoers understand where public sand begins and ends relative to the tides. The app provides real-time information on usable beach space, ensuring families can enjoy the Gulf Coast without conflict. Sara highlights how the app is part of a broader movement to restore public access, educate users, and encourage collective community action without encouraging trespassing. The episode also provides historical and legislative context. HB 631, passed in 2018, initially allowed Walton County to enforce customary use ordinances, leading to litigation involving over 1,100 property owners. Although the law was repealed with SB 1622 in 2025, previous court settlements prevent re-enacting customary use on many properties. The episode explores options for future public beach access, including beach nourishment programs, cooperative agreements with homeowners, and lessons from other states like Texas' Open Beaches Act. Key Takeaways: * Public beach access is a mix of legal, environmental, and human challenges. * Community members like Sara Day play a crucial role in ensuring fairness and transparency. * Technology, like the Shoreline Defender app, can empower the public without infringing on private property. * Historical legislation, litigation, and local ordinances have shaped the current landscape of Florida beaches. * Collective action is essential; no single hero can solve complex community problems. Resources & Links: * Shoreline Defender App [https://www.shorelinedefender.com] – Free app for public beach access and tidal forecasts. * Eroded Podcast Website [https://www.erodedpodcast.com] – Sign up for notifications about future episodes. * Florida State Legislature – HB 631 & SB 1622 historical context. Disclaimer: This podcast is intended to provide information on public beach access and community advocacy in Walton County, Florida. It does not constitute legal advice. Listeners are encouraged to verify property boundaries and ordinances before visiting any beach locations. Where Are They Now: * Dave Rauschkolb – Continues to operate Bud & Alley's [https://www.budandalleys.com/] and other restaurants while advocating for public access. * Daniel Uhlfelder– Practices law locally, no longer active in the customary use fight. * John Dillard – Continues advocacy for open sand in Florida, managing a growing Facebook community Support Open Florida Sand and Beache [https://www.facebook.com/groups/174152322339593]s. * Kent Safreit– Represents property owners along the Gulf Coast. * Senator Passidomo– Served her final Senate term; was Senate president 2023–2024. * Mike Huckabee – Sold his beach home in 2021; named U.S. Ambassador to Israel in 2025. * Katie Edwards-Walpole – Practices law as a land use attorney in South Florida. * Brad Drake – Appointed Walton County Commissioner in 2023; elected in November 2025 and chairs the Walton County Tourism Development Council.

Episode 6: What's Done is Done

In this episode, we examine the legislative and grassroots efforts that reshaped beach access in Florida, focusing on how HB 631 (effective July 1 2018) created a legal framework for local governments to take action on "customary use" of dry‑sand beaches—yet it especially targeted Walton County, where property owners and the county itself spent millions of dollars in litigation. Meanwhile, the subsequent law SB 1622 (signed June 24 2025) repealed key portions of HB 631 and opened the door back for local governments to adopt customary‑use ordinances. We talk with grassroots activist John Dillard — founder of Support Open Florida Sanded Beaches — who outlines how he mobilized citizens, used digital platforms, and met with legislators to influence the process. His experience in Georgia gave him perspective for how change can happen across state legislatures, and his Florida campaign underscores the importance of participation beyond simply "liking" something online. The episode also explores the ongoing conflict between public access, private beachfront rights, and the business of beach vending. As legal terms like "quiet title" and "dismissed with prejudice" become part of the vernacular, beach vendors such as Jake Williams describe how their contracts, business model and local return‑customer base have changed in the wake of these laws. For them, the beaches are not just sand and surf—they're livelihood, community identity and economic ecosystem for 30A and the Florida Gulf Coast. Finally, the episode ends with a call to civic engagement: going to county commission meetings, meeting elected officials, reading bills, and understanding how state laws translate to local sand and water. The fight over beaches in Walton County is more than a property law debate—it reflects who gets to access public coastline, who pays for it, and how laws drafted hundreds of miles away can affect one's backyard. Key Takeaways * HB 631 (2018) established the need for local governments to go to court to assert customary use, giving rise to over 1,000 lawsuits in Walton County and many property owners opting for settlement agreements. * SB 1622 (2025) repealed the statutory provision for recreational customary use (Fla. Stat. § 163.035) and streamlined beach‐renourishment and public access processes for Gulf Coast counties. The Florida Senate+2Florida Governor's Office+2 [https://www.flsenate.gov/Session/Bill/2025/1622?utm_source=chatgpt.com] * Grassroots mobilization matters: Individuals like John Dillard show how citizens can meet with legislators, build online platforms, and influence policy—not just complain on social media. * The vending and short‐term rental industries are directly affected by beach access rules—they rely on access, visibility, and affordability for guests; contracting and enforcement changes pressure their business models. * Legal terms matter: "Quiet title," "dismissed with prejudice," "customary use" all shape the practical outcome of access and ownership—even more than bill summaries. * Local consequences of state legislation: Although HB 631 and SB 1622 are statewide, the impact is acutely local—Walton County's economy, tourism, and community identity are deeply wrapped up in its 26 miles of beaches. References (MLA Style) Flournoy, Alyson C., Thomas T. Ankersen, and Sasha Alvarenga. Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy. University of Florida Levin College of Law, Jan. 2019. Web. https://scholarship.law.ufl.edu/facultypub/831/ [https://scholarship.law.ufl.edu/facultypub/831/?utm_source=chatgpt.com]. Florida Senate. House Bill 631 (2018) – Possession of Real Property. Florida Senate, 2018. Web. https://www.flsenate.gov/Session/Bill/2018/00631 [https://www.flsenate.gov/Session/Bill/2018/00631?utm_source=chatgpt.com]. Florida Senate. Senate Bill 1622 (2025) – Beaches. Florida Senate, 2025. Web. https://www.flsenate.gov/Session/Bill/2025/1622 [https://www.flsenate.gov/Session/Bill/2025/1622?utm_source=chatgpt.com]. "Governor Ron DeSantis Signs Legislation to Protect Local Beach Access and Expedite Coastal Restoration." Office of the Governor of Florida, 24 June 2025. Web. https://www.flgov.com/eog/news/press/2025/governor-ron-desantis-signs-legislation-protect-local-beach-access-and-expedite [https://www.flgov.com/eog/news/press/2025/governor-ron-desantis-signs-legislation-protect-local-beach-access-and-expedite?utm_source=chatgpt.com]. Perry, Mitch. "Republican Wants to Repeal Law That Keeps the Public off Panhandle Beaches." Florida Phoenix, 28 Feb. 2025. Web. https://floridaphoenix.com/2025/02/28/republican-wants-to-repeal-law-that-keeps-the-public-off-panhandle-beach/ [https://floridaphoenix.com/2025/02/28/republican-wants-to-repeal-law-that-keeps-the-public-off-panhandle-beach/?utm_source=chatgpt.com]. "Beach Access and Customary Use: Breaking Down SB 1622." Davis Property Blog, 3 July 2025. Web. https://www.davisprop.com/blog/beach-access-and-customary-use-breaking-down-sb-1622/ [https://www.davisprop.com/blog/beach-access-and-customary-use-breaking-down-sb-1622/?utm_source=chatgpt.com]. "Lawsuit Filed to Protect Customary Use in Walton County, Florida." Surfrider Foundation, 11 Dec. 2018. Web. https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida [https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida?utm_source=chatgpt.com]. "What is Customary Use and What Impact Does It Have on 30A's Beaches?" 30a.com, 5 Nov. 2018. Web. https://30a.com/30a-beaches-customary-use/ [https://30a.com/30a-beaches-customary-use/?utm_source=chatgpt.com].

Episode 5: Dismissed With Prejudice

🎙️ Show Notes: Customary Use, Vendor Impact & the Changing Beach Economy In this segment, we examine how the repeal of local ordinance authority under HB 631 forced Walton County into the courtroom to establish customary use, leading to over 1,100 lawsuits and mounting legal costs. While the intent was to ensure non-political adjudication of property rights, the real-world application resulted in years of litigation with minimal gains. Most critically, over 1,044 beachfront parcels were "dismissed with prejudice" in 2023, meaning Walton County will never again be able to bring customary use claims against those properties. This effectively prevents customary use from ever being reestablished along most of South Walton's beaches, regardless of any change in statute. We hear from beach vendor Jake Williams, who describes the local business impact since the law's implementation. Once a low-barrier entrepreneurial opportunity for high schoolers and small local operators, beach vending has now transitioned into a contract-driven industry dominated by larger companies. Vendors like Jake find themselves turning away business due to limited access points and increasingly restrictive property rights. Simultaneously, as Gulf-front access narrows, more tourists are being pushed into overcrowded areas, leading to a strange phenomenon: more people visiting 30A, but fewer using the beach. Jake highlights the growing disconnect between visitors' expectations and on-the-ground beach access realities. Longtime vacationers are leaving for quieter destinations like Orange Beach, Alabama, while locals struggle to maintain business growth due to legal ambiguity, rising competition, and increasing privatization. What was once part-time beach work is now a competition influenced by legal contracts, HOA negotiations, and escalating enforcement measures. The implications extend beyond business—this evolution is redefining what it means to live, work, and vacation on 30A. As Jake puts it, "Everyone is my boss—clients, HOAs, the county." Vendors are caught between tourism demand and private property enforcement, navigating a system where access is determined less by tradition and more by legal strategy and contract leverage. 🔑 Key Takeaways * Dismissed With Prejudice (2023): Walton County can never refile customary use claims on over 1,044 parcels, even if HB 631 is repealed. * Shift From Free Market to Contract Market: Beach vending has moved from open territory to contract-only service, stifling small local businesses. * Tourism vs. Access Mismatch: More visitors, but fewer actual beachgoers due to access restrictions and contract limitations. * Business Uncertainty: Vendors rely on maintaining relationships with HOAs and homeowners but face fierce competition from larger, well-capitalized companies. * Growing Visitor Frustration: Long-term tourists are leaving for more accessible coastal areas; fewer repeat visitors returning to 30A. * Legal Confusion Persists: Enforcement lacks clarity; local vendors often serve as educators in real time regarding where guests can sit. 🔗 Reference Links & Resources (Note: Use as hyperlink references or ending resources section) * Florida HB 631 (2018) – Customary Use Law Legislative Text & Analysis * "Customary Use" Legal Explanation (Florida Bar Real Property Law) * Walton County vs. Beachfront Owners (Case Settlement Overview, 2023) * Interactive Beach Ownership Map – Walton County GIS Mapping Tool * Florida Supreme Court Guidance on Customary Use Doctrine * Economic Impact Report on Coastal Tourism Rental Trends Post–HB 631 * Orange Beach, AL Tourism Data (VisitAL Beaches Report) Reference Links * Florida House Bill 631 (2018): "Possession of Real Property" — prohibits local governments from enacting customary use ordinances and changes ejectment rights. https://www.flsenate.gov/Session/Bill/2018/00631 [https://www.flsenate.gov/Session/Bill/2018/00631?utm_source=chatgpt.com] The Florida Senate+1 [https://www.flsenate.gov/Session/Bill/2018/00631?utm_source=chatgpt.com] * Article: "New Florida Law may Restrict Public Beach Access" — overview of how HB 631 impacts beach access. https://www.pallegarlawfirm.com/articles/new-florida-law-may-restrict-public-beach-access/ [https://www.pallegarlawfirm.com/articles/new-florida-law-may-restrict-public-beach-access/?utm_source=chatgpt.com] Pallegar Law Firm [https://www.pallegarlawfirm.com/articles/new-florida-law-may-restrict-public-beach-access/?utm_source=chatgpt.com] * Legal article: "Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy" — academic analysis of customary use law in Florida. https://scholarship.law.ufl.edu/facultypub/831/ [https://scholarship.law.ufl.edu/facultypub/831/?utm_source=chatgpt.com] UF Law Scholarship Repository [https://scholarship.law.ufl.edu/facultypub/831/?utm_source=chatgpt.com] * Blog post: "Customary Use Litigation in Walton County, Part II" — breakdown of the litigation results and "dismissed with prejudice" issue. https://clarkpartington.com/2023/12/05/customary-use-litigation-in-walton-county-part-ii/ [https://clarkpartington.com/2023/12/05/customary-use-litigation-in-walton-county-part-ii/?utm_source=chatgpt.com] Clark Partington [https://clarkpartington.com/2023/12/05/customary-use-litigation-in-walton-county-part-ii/?utm_source=chatgpt.com] * Article: "Senate committee advances bill to repeal Walton County beach access law" — covers proposed legislative change (SB 1622) in 2025. https://www.getthecoast.com/senate-committee-advances-bill-to-repeal-walton-county-beach-access-law/ [https://www.getthecoast.com/senate-committee-advances-bill-to-repeal-walton-county-beach-access-law/?utm_source=chatgpt.com] Get The Coast [https://www.getthecoast.com/senate-committee-advances-bill-to-repeal-walton-county-beach-access-law/?utm_source=chatgpt.com] * Surfrider Foundation news: "Lawsuit Filed to Protect Customary Use in Walton County, Florida" — about the original lawsuit by the county in 2018. https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida [https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida?utm_source=chatgpt.com] Surfrider Foundation [https://www.surfrider.org/news/lawsuit-filed-to-protect-customary-use-in-walton-county-florida?utm_source=chatgpt.com]

Episode 4: Who Are You Representing?

Show Notes – Who Are You Representing? In this episode, we dive into the political maneuvering and legal battles that shaped the future of Walton County's beaches following the passage of HB 631. The discussion details how state legislation—authored by lawmakers outside the county—ultimately rolled back Walton County's customary use ordinance, forcing the county into litigation against more than 1,000 beachfront properties. Though the bill passed with overwhelming support, former State Representative Brad Drake's reversal in his vote remains a point of contention and speculation. According to firsthand accounts, his reluctance to advocate against the bill raised concerns about potential political influence and alignment with private beachfront interests over public access. We hear from longtime Walton County advocate Dave Raushkolb, who recalls urging Representative Drake to request a veto from Governor Rick Scott, only to experience an hour-long effort to dissuade him. Despite initial signals that the governor would veto HB 631, he ultimately signed it into law, later issuing Executive Order 18-202 which encouraged access but did not halt the law. Attorney Daniel Uhlfelder, who helped found Florida Beaches for All, expands on highly strategic and largely undetected legal actions—such as quiet title filings—that repositioned beachfront boundaries to favor private ownership. These efforts, according to Uhlfelder, frame the legislation as part of a broader organized "land grab." As the episode unfolds, we explore how lobbying and influence campaigns contributed to legislative decisions contrary to local interests. Uhlfelder reflects on the deeper lesson: what happened on Walton County's beaches could happen anywhere, and only through active civic engagement can such efforts be challenged. His personal motivation stems from family history and a belief in speaking out against injustice, even without personal gain. The episode closes with a call to recognize that while the fight may not be won, silence ensures defeat. Key Takeaways * HB 631 passed in 2018, overturning Walton County's customary use ordinance and requiring property-by-property litigation to reestablish beach access. * Former Representative Brad Drake changed his vote between rounds and later resisted engaging publicly in the reasoning, despite inquiries from residents. * Governor Rick Scott signed the bill, though he later issued Executive Order 18-202 urging continued public access to beaches. * Attorney Daniel Uhlfelder co-founded Florida Beaches for All, organizing advocacy efforts, legal intervention, public education, and social mobilization. * Quiet title actions involving beachfront property boundaries played a significant role in reducing public beach access. * The broader issue extends beyond Walton County—highlighting the power of lobbying and political influence over public interests. * Civic engagement, persistence, and willingness to act are presented as the only means to resist similar erosion of public rights. Referenced Resources & Materials * HB 631 (2018) – Public Reform Legislation Florida House Bill text: https://www.flsenate.gov/Session/Bill/2018/631 * Executive Order 18-202 (Governor Rick Scott) Review: https://www.flgov.com/wp-content/uploads/2018/07/EO-18-202.pdf * Florida Beaches for All (Advocacy Organization) General Info: https://www.facebook.com/FloridaBeachesForAll/ (public-facing social page) * Customary Use Doctrine Overview Florida Bar Journal: https://www.floridabar.org/the-florida-bar-journal/customary-use-and-beach-access/ * Quiet Title Legal Definition Cornell Law School Legal Information Institute: https://www.law.cornell.edu/wex/quiet_title_action [https://www.law.cornell.edu/wex/quiet_title_action] * 30A Sand & Beach Access Community Efforts ("Stand Your Sand" Marches) Archived news coverage: https://www.wjhg.com/content/news/Stand-Your-Sand-Local-Protest--475064493.html