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  1. #1
    Join Date
    Sep 2015
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    2

    Post Possession of an Open Container on a Beach

    My question involves criminal law for the state of: Florida

    This is a technical question relating to beachside cities in relation to their enforcement of open-container laws on public beaches. In many states, including Florida, the state owns the portion of all beaches from the mean high-tide line down. It would logically follow to me that the city limit ends at this line. Anything seawards (being east on the east coast of FL) would not be included in the city limits. Furthermore, I believe (if I'm not mistaken) that anything landward (i.e. west) from this line is within city limits but is actually privately-owned by the adjacent property owner. I do realise that despite the upland part of the beaches being privately-owned, Florida courts have upheld the ability of the public to freely use the "privately-owned" beach land.

    Many beachside municipalities (and counties) in Florida have enacted open-container laws that pertain to public areas, but they take that one step further and include beaches. As I recently moved from Georgia (none of whose cities or counties currently have open-container laws that apply to beaches), I find it very bizarre that it is illegal to drink on most beaches in Florida. However, laws are laws.

    My first question is, (1) do the city limits in beachside cities overlap with the portion of the beach that is actually state-owned, such that the city police still have jurisdiction on state property? In other words, how would cities have the power to enforce their ordinances on state-owned beaches? Hypothetically, if one were on the drinking on the beach at low tide, close to the water such that they were on the state-owned portion of the beach, could he or she fight a citation for open-container on the grounds that the city police did not have authority to enforce the law there? It would seem to me that they would, and that the only way to stop people from drinking on that part of the beach would be for the state to enact a statewide alcohol-on-beach ban and employ state troopers to enforce the laws on the lower-portion of the beach. I know this seems ridiculous and inefficient in terms of resources, but I fail to see how city police have power to enforce city ordinances on land that is arguably outside city limits.

    (2) Similarly, say that a person owned property adjacent to the beach, and they walked out to the upland part of the beach while consuming alcohol. Could they be cited for "open container" in public while they were physically on their own land? It really doesn't make sense to me in that respect. If so, how far down from their house could they legally drink alcohol? In their back yard? on their private boardwalk? At the edge of the dunes?

    (3) Finally, assuming that someone could be cited anywhere on the beach for open container, would that also apply to people walking in the shallow water? Is there a certain distance offshore that the ordinance would apply? I wouldn't think it wouldn't apply to people in their private boats on the water, even if it is just 50 yards from the shore?

    Just wanted some insight on this. I'm surprised people haven't considered this when fighting open container beach laws in Florida. Again, it seems ridiculous to have these laws in the first place; I think the police should target public drunkenness more instead of enforcing an absolute ban. Perhaps in practice, they do in most cases. I've definitely seen people violating these laws on many occasions in Florida, and have even seen cases where the police turned a blind eye so long as the people drinking were doing so discreetly and were not causing a scene.

    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Possession of an Open Container on a Beach

    You are asking for a research project. If drinking on the beach in locations where it is prohibited by state law or ordinance is that important to you, I suggest you retain a lawyer to write you an opinion letter, analyzing all relevant ordinances and state law in relation to the locations where you hope to drink on the beach.

    The jurisdictional authority of a given police officer will depend upon the officer's agency, and also upon whether their department has a mutual aid agreement with a police agency (or agencies) with jurisdiction over the location of an alleged offense.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Possession of an Open Container on a Beach

    Quote Quoting sbro0212
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    My first question is, (1) do the city limits in beachside cities overlap with the portion of the beach that is actually state-owned, such that the city police still have jurisdiction on state property? In other words, how would cities have the power to enforce their ordinances on state-owned beaches?Thanks in advance!
    The same way a local jurisdiction can enforce the laws on an Interstate highway that passes through their town. Simple.

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Possession of an Open Container on a Beach

    Quote Quoting Mr. Knowitall
    View Post
    You are asking for a research project. If drinking on the beach in locations where it is prohibited by state law or ordinance is that important to you, I suggest you retain a lawyer to write you an opinion letter, analyzing all relevant ordinances and state law in relation to the locations where you hope to drink on the beach.

    The jurisdictional authority of a given police officer will depend upon the officer's agency, and also upon whether their department has a mutual aid agreement with a police agency (or agencies) with jurisdiction over the location of an alleged offense.
    And upon the state's laws. In some states, a police officer has LE authority anywhere in that state; they are simply employed by a certain municipality. I've been told that this is the case in CA, although I do not know first-hand whether that is true.

    In other states, their authority is limited to the entity employing them. That is true in OH for example.

    I have no idea about FL, but Budwad's response is the likely answer to the quoted part. Anything that falls within that city is in their purview, even if it's property "owned" by the state - the same way that here police can make an arrest on BMV property in their city.

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