SB 1622 and Marco Island

When Governor DeSantis signed Senate Bill 1622 into law on June 24, 2025, it didn’t make headlines across Florida’s Gulf Coast for nothing. The new measure rewrites how local governments handle public access to dry-sand beaches—the wide stretches of sand between the waves and the dunes that many of us walk, fish, or sunbathe on, but that often fall within the private property lines of hotels and condominiums. 

For Marco Island, where much of the beachfront is privately owned above the mean high-water line, the question now is simple: what changes—and what doesn’t? 

What SB 1622 Does 

SB 1622 repeals Florida Statute 163.035, the 2018 law that had forced counties and cities to go to court before adopting any “customary use” ordinance. That older statute made it nearly impossible for local governments to formally recognize public recreational use of dry-sand areas, since the legal costs and timeframes were prohibitive. 

By removing that barrier, SB 1622 gives cities and counties back the power to declare that the public has a long-standing right to use certain stretches of dry-sand beach—provided they can show a consistent, historical pattern of public use. In legal terms, this is called the “customary use doctrine.” 

The bill also clarifies that the Florida Department of Environmental Protection (DEP) can move forward with beach-restoration projects in “critically eroded” areas without first obtaining public easements. On Marco Island, which regularly battles erosion, that could help streamline renourishment efforts. 

However, the law’s special “small-county” shortcut—allowing the mean high-water line to serve as an erosion control line—applies only to Gulf Coast counties with populations under 275,000. Collier County, with more than 400,000 residents, doesn’t qualify. 

What It Means for Marco Island 

At the moment, nothing changes automatically. The public still owns the wet sand below the mean high-water line, but the dry-sand areas in front of most condos and hotels remain private. Owners can—and often do—ask non-guests to move back toward the water. 

If, however, Marco Island or Collier County adopts a customary use ordinance under the new law, that dynamic could shift. The city could formally recognize the public’s right to walk, sit, and enjoy those dry-sand areas, limiting the ability of property owners to evict beachgoers for ordinary recreational use. 

Such an ordinance would not transfer ownership. Hotels and condos would still own their property and any equipment placed there. Public access would apply only to the land, not to private chairs, umbrellas, or cabanas. 

The Potential Benefits 

• Restoring traditional public use. Many longtime residents recall when Marco’s beaches were open to everyone, long before development lined the coast. An ordinance could reaffirm that heritage and ensure visitors and locals alike can enjoy the shoreline. 

• Supporting tourism. Marco Island’s economy depends on open, walkable beaches. Greater public access could bolster visitor satisfaction and ease crowding at the limited public entry points at Tigertail and South Beach.

• Streamlined beach projects. SB 1622 also removes certain procedural hurdles for renourishment, potentially speeding state or county efforts to stabilize eroding sections.

• Local control. Instead of Tallahassee dictating the process, Marco Island’s own City Council could decide how—and where—customary use applies.

The Possible Downsides 

• Legal risk and cost. Property owners who object will almost certainly sue, claiming unconstitutional “takings” or lack of evidence of long-standing public use. Even successful defenses can cost taxpayers hundreds of thousands of dollars. 

• Strained relations with resorts and HOAs. Many hotels and condos view their beachfront as an amenity for guests. Expanding public access could spark political backlash and reduce cooperation on future beach-restoration easements.

• Liability and enforcement issues. The city would need to clarify where the public zone begins and ends, post signs, and train police or beach patrols on enforcement. 

• Perception and politics. Past fights over “customary use” in Walton County and other Gulf communities turned deeply divisive. Marco Island’s small, close-knit community could face similar friction. 

What Would Need to Happen 

If Marco Island wants to implement SB 1622’s powers, here’s the roadmap: 

1. Gather Evidence – The city would need to document decades of public use: photos, historical records, testimony from long-term residents, maintenance logs, and maps showing beach access before private restrictions tightened.
2. Draft an Ordinance – The ordinance would define which areas are covered, what types of public use are protected, and where property-owner buffers apply.
3. Hold Public Hearings – Transparency and owner notification are critical. The city would need to invite public comment and mail notices to all affected beachfront parcels.
4. Adopt the Ordinance – Following two readings, the City Council could vote to recognize customary use.
5. Prepare for Challenges – Condo associations or resorts would likely file suit. The ordinance remains in effect unless and until a court strikes it down.
6. Clarify Limits – The ordinance should explicitly state that private furniture, cabanas, or rental equipment remain private and cannot be used by the public without permission. 

Should Marco Island Do It? 

That’s the real debate now emerging. Supporters argue that open beaches are the lifeblood of a coastal community and part of Florida’s identity. Opponents warn of lawsuits, costs, and damaged relationships with property owners who already contribute heavily to the tax base. 

The truth may lie somewhere in the middle. Marco Island could start narrowly—perhaps with a pilot area or by documenting use at specific sections where public walking has been continuous for decades—before extending the concept island-wide. 

For now, SB 1622 gives Marco Island the option. Whether to use it is a question for our residents, our elected officials, and ultimately, our vision of what kind of beach community we want to be. 

“Customary use doesn’t transfer ownership — it recognizes the public’s right to use land they’ve always used.” 

“Whether Marco Island embraces SB 1622 will define the balance between private property and public access for years to come.”