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What is the beach law in Florida?

On coastal Florida beaches, sand that has been wet from normal Ocean or Gulf wave and tide action is always public access and use, dry sand can be either public or private. Though it's not quite that simple. It depends entirely on how far a recorded private property line extends toward the water.



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Alcohol may be consumed on sandy portions of the beaches only. This applies both Soundside and Gulfside. It must not be in a glass container. Any person that fails to comply with these policies will face second-degree misdemeanor charges and if convicted can receive a $500 fine and or 60 days jail time.

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The seaward portion of the beach is considered state property, while the portion of beach above the high tide line is typically owned by the coastal property owner.

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In Florida, you can sleep in a tent on the beach in certain designated areas, typically within state parks and campgrounds. It is essential to follow specific rules and regulations, as camping directly on the beach is often prohibited in most locations to protect the environment and wildlife.

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Person smoking a cigarette at the beach. Since Florida Governor Ron DeSantis signed a bill over the summer allowing local governments to ban smoking on public beaches, Miami Beach, Ft. Lauderdale, Palm Beach and Monroe County have passed legislation enforcing the ban.

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However, in Miami Beach, bars close at 5am, and there is even a section of Downtown Miami that is allowed to sell alcohol 24 hours a day. That said, drinking alcohol is not allowed on the beach, or on public streets.

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PROHIBITED ON THE BEACH: Smoking cigarettes or filtered tobacco products. Narcotics and marijuana. Large tents, tables or similar structures. Loud music.

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PROHIBITED ON THE BEACH: Smoking cigarettes or filtered tobacco products. Narcotics and marijuana. Large tents, tables or similar structures. Loud music.

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While the beach is accessible to pedestrians 24/7, beach driving is restricted to specific areas (PDF) (weather and tides permitting) from one hour after sunrise to one hour before sunset.

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