The official copy of the City of Deerfield Beach Commission Meeting Minutes

of our Surf Zone Expansion...

WRITTEN REQUESTS

Expansion of the southern Deerfield Beach surf area  -  Luis "Lou" Rodas, Trespass Surf Club, Deerfield Beach, requested the expansion of the southern Deerfield Beach surf area.  He said that he has met with several parties regarding this matter.  They reviewed the possibilities and the outcomes. With the help of the local surf club, Trespass Surf Club, Underground Surf Company and Island Water Sports, and the Surf Rider Foundation, they met with the City’s Ocean Rescue Department and the City Manager’s Office to discuss different possibilities to make the expansion work.  The Embassy Suites management and the City Manager’s office both agreed that this expansion north would help release some of the surf traffic directly in front of their resort.  

MOTION was made by Commissioner Popelsky and Seconded by Commissioner Gonot to approve Items 1 and 1a, as amended. Roll Call: YEAS: Commissioner Gonot, Commissioner Poitier, Commissioner Popelsky, Vice Mayor Militello, and Mayor Capellini.  NAYS: None

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Here you go straight from the cities web site

http://www.deerfield-beach.com/index.asp?NID=248

Beach Safety and Rules
Our Rules are for your protection and safety.

1. Stay within 50yds of shoreline.

2. Swim in lifeguard supervised area.

3. Obey lifeguards instructions.

4. No vehicles

5. No animals allowed.

6. Alcoholic Beverages are strictly prohibited.

7. Surfing, skimboarding and kiteboarding are only permitted on the north side of the International Pier and on the south side of towers #7

8. All surfboards and bodyboards must be used with a leash to prevent injury to others.

9. Ballgames, frisbees, paddleballs, are only permitted in the designated recreational areas.

10. Do not feed wildlife including birds.

11. No littering.

12. Do not leave behind your cigarette filters.

13. Glass containers are strictly prohibited.

14. No standing on the rocks.

15. Jet skis, windsurfing, launching of boats and kayaks and scuba diving are prohibited from all areas of the public beach unless specifically authorized b y the City Commission.

16. No swimming in surfing area.

17. Snorkeling is permitted within 50 yds. of shoreline.

This is the cities ordnance on surfing.

There are no specific laws on the state level or powers granted to municipalities to regulate surfing other than as a function of public safety. The Florida Supreme Court established case law (Carter v. Town of Palm Beach, 237 So. 2d 130 - Fla. 1970), indicating general bans for surfing or other recreational activities as arbitrary and unreasonable.

In Carter v. Town of Palm Beach, The Supreme Court of Florida held that an ordinance banning all surfing within the municipal boundaries of the Town of Palm Beach was unconstitutional. In the opinion, it was recognized that "[a] municipality may, under the police power, regulate and restrain activities which threaten the public health, safety and welfare. . . ." The Court found that "the complete prohibition of this sport from all the beach area is arbitrary and unreasonable."

In Carter v. Town of Palm Beach, the district court indicated the municipality could regulate surfing but only doing so in such a way to protect public health and safety. Most importantly, the judge’s comments regarding no-surf zones and public safety focus on the safety of other beach goers and do not reference surfers themselves.

It is important to note two facts regarding the Carter case. First, it makes no ruling regarding surfing bans relative to the Public Trust Doctrine, saying only the action of the municipality was arbitrary and unreasonable. The possibility remains that the municipal action was in conflict with Public Trust. What’s more, the 1970 Carter case preceded New Smyrna Beach v. Internal Improvement Trust Fund, among others that clarified the issue that municipalities only have legislative powers below the high water mark where such powers have been explicitly granted by the state.