What is the Status of Publicly Accessible Beaches on Perdido Key from a Legal Perspective?

Over the weekend I asked our attorney's office to summarize what we now know about public accessibility of the beaches out on Perdido Key based upon the thorough examination of the title abstracts from every Gulf-front parcel out there.  

I also asked about whether or not any of the numerous dune restoration projects completed by FEMA post Hurricane Ivan would have created new public beaches due to the fact that in some instances after the storm some of those beaches were completely washed away all the way back to the dunes.  So my question was--restoring a previously-existing beach post storm with public money--does that make the restored beaches public?  I did not get a specific answer to that question but rather a general one so I have asked for a more detailed-Perdido Key post Ivan specific answer so I can put that question to rest once and for all with a legal opinion.  Then, if someone disagrees--they can go to court over it if they want to.  Meanwhile, this, below is the answer on public accessibility based upon the title searches.

"Commissioner:

Below is the information you requested.  Please note that much of what follows are concepts.  The details of beach-front property rights and beach renourishment are more involved.  We can certainly provide the details, but they would not be helpful for most people.

First, the entire length of Perdido Key Beach is public – south of the mean high-water line.  So, a person could walk (sunbathe, fish, collect shells, etc.) for the entire 6 miles from Johnson Beach all the way to the Flora-Bama without intruding on private property as long as they remain south of the mean high-water line.  The challenge, of course, is that the mean high-water line is dynamic and changes with the tide and the topography of the beach.  If someone wanted a visual reference, it is generally accepted to remain in the “wet sand” area adjacent to the Gulf of Mexico.  The strand line, which is the mark created by seaweed, shells, and other debris that are washed ashore by the tide, is another visual reference (again these are just conceptual, not a strict legal definition; neither visual reference is an accurate representation of specific location of the mean high-water line).

Second, the entire beach at Perdido Key State Park and Johnson Beach National Seashore are public (subject to regulation by the state and federal governments).

Third, the 64 lots in Gulf Beach Subdivision (13785 Perdido Key Drive west to the State Park) have an additional 75 feet of “dry sand” beach north of the mean high-water line that is available for public use.   That area is contiguous with Perdido Key State Park, so the length of the public beach between the two areas is about 3 miles.  The County also owns Beach Access No. 4 (the former Sundown condominium) west of the State Park, which is another 300 feet of public beachfront.

Fourth, whether a beach renourishment project creates new public beach depends on whether the project increases the elevation on existing beach or places sand south of the mean high-water line in the Gulf of Mexico (i.e., builds up or builds south).  Building up does not create any new public beach while building south can.   Beach restoration projects are heavily regulated by the Florida Department of Environmental Protection (Chapter 161, Florida Statutes), and if a project extends the beach south the County must undertake a lengthy approval process that includes surveying the mean high-water line and recording it as a new boundary between the private and sovereign submerged lands.  The “fixed” mean high-water line is called the Erosion Control Line.  Projects that add beach south of the Erosion Control Line create new public beach.

Please let me know if I can provide further explanation.  (I am copying Tim with this email so he can supplement this email with information on the prior beach restoration projects after Hurricane Ivan and Dennis.)"