We Shouldn't Have To Sue Over Beach Access

Guest Correspondence

Citizens shouldn’t have to sue the County to get the Commission to follow their own laws. Citizens shouldn’t have to sue to get the County to enforce voter approved Charter Amendments. Citizens shouldn’t have to fight for beach access, when that access is already half of the state average for coastal counties in Florida. But in Sarasota County, that’s exactly what Mike Cosentino has had to do.

Sarasota County Commissioners approved the “vacation” of the beachside portion Beach Road on Siesta Key in 2013. No, that doesn’t mean our road took a holiday. In this case, “vacation” means taking the road out of the public domain, essentially eliminating it. The effect of this decision was to reduce public access to Siesta Key beach, despite whatever easement the County claims as a remedy. Vacating Beach Road also opened the door for the landowners with “road-front” houses to transform their properties into multi-unit “beach-front” dwellings. The value of the road and the quality of life it offers all Sarasota County residents was essentially transferred to the private landowners whose property sits along the vacated portion of the road. Their land became much more valuable, while the handicapped and other residents who enjoyed the easy access and viewing that this beachfront road provided were out of luck.

Who does this? A governing body with a flagrant disregard for constituents, that’s who.

Mike Cosentino fought Sarasota County. He collected over 30,000 registered voters’ signatures for put two County Charter amendments on the 2018 ballot. One amendment strengthened the law that the Commission ignored by upgrading it from a section of the Sarasota Comprehensive Plan to an amendment to the Sarasota County Charter, our local constitution. The other amendment required the County to restore Beach Road to public ownership. Cosentino’s amendments passed easily with 70% voter approval.

In the meantime, the County and the landowners sued over the Comprehensive Plan issues, and the successful amendments. With the multiple parties to the lawsuit and claims, an appeal process began before all local judicial actions had finished. Cosentino’s attorneys successfully argued that case couldn’t be appealed before all local legal questions have been settled. The Second District Court of Appeals agreed and dismissed the appeal in their court without prejudice, due to lack of jurisdiction.

It’s good news for the public, because Cosentino now can remedy errors and omitted some of his best evidence, not made part of the legal record.

Hopefully, this legal “reset” will lead to a decision which upholds the County Comprehensive Plan, upholds voter approved amendments and puts Beach Road back in the public domain. According to a 2014 analysis of beach access in Sarasota County, our county is one of the lowest ranking coastal counties in Florida, with only 20% of our sandy beaches in public ownership versus a statewide average of 40%. Beach access is a fundamental economic engine and quality of life resource for all of us.

Cathy Antunes is host of The Detail.

 

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