I wouldn’t have handed my license to the officer nor would I have signed anything. If the officer couldn’t understand what the “mean” was, have him call FWC.

In general, as long as you can get to the water and stay below (water side) the mean high water line, you have a right to be there. It’s 100 percent public property. This is the law for the entire state of Florida. But your right you need to understand where that designated mean high water line is. So everything you were doing was accurate and within the boundaries of the law.

You are 100% correct and file a complaint with the sheriffs office for negligence and harassment

You’re spot on from my understanding. I live in Pinellas and we deal with this crap constantly.

Rich folk think they own the world and no one else has a right to enjoy it. I definitely would not let this go because the law is clear. The cop doesn't care about your rights and if you choose to give up your rights without contesting them, easier for him.

Sounds like it's time for a bunch people to plan a day and go fish that area on the same day legally

There is no way I would have signed that. If you are following the law it is up to the property owner to prove you trespassed. You have video proof you followed the law. I would have considered using it to get a restraining order on the security guard.

I was fishing that exact spot in 2017 and a realtor was talking with a client at the edge of that property. The client was a loud type A dude and he asked the realtor in a very loud voice “how do I keep assholes like this guy from fishing in front of my property?” She answered him that Florida law allowed that I could fish up to the high tide line. When the law changed, I didn’t think much of it, but I returned to Shell a year or so ago and saw all the changes( No Trespassing signs and fences). Personally, I think it sucks to harass fishermen. Unless thay are breaking a law they should be allowed in their pursuit of happiness. I may just take my canoe with all my gear and anchor it a foot of water and spend the next few hours walking that lovely stretch. They can’t stop that.

She'll beach used to be great early 2000s. I never had any trouble getting hung up in the rocks lol

In 2 years time that guy will be freaking out as the mean high tide lines will move to 2000-2020 date which leans it will move up the beach towards his house even more.

absolutely correct. The guy hired to provide security for the homeowner or homeowners should just be there to prevent break-ins. He is unfortunately uneducated in the definition of mean high tide line. The officer also. I could also hear on his radio "white female not breathing". Don't you think they would have something better to do like attend to these types of crises than respond to yet another entitled homeowner trying to keep you off "his" beach. They all know they own down to the mean high tide line and understand the concept, but they will never stop trying to exclude legal access. I have fished there too and ignore the signs. I have had people try to exclude me from other beaches and told them to just call the police. This has ended the discussion. Only vigilance and sometimes even going to court will stop this exclusion of legal access to beaches, lakes and rivers. Look at the Surfrider Foundation and the good they do to keep people from trying to exclude legal access. Keep going, keep fighting.

I'm upset by this and I wasn't even there. Whatever you are allowed to do to legally contest this please do so. Shore anglers are under constant attack and are losing access. Even when we have legal access, like in this case, we are intimidated off of it.

You should have called a warden and not signed anything.

Just to clarify also, the mean high water line is not the average middle between high tide and low tide. It is specifically the average high water line in itself. Meaning if you are fishing or standing ANYWHERE below that average high water line then you are on public property. It doesn’t matter if the water is below that average high mean (high average). There is no line that is invisible per day. The high tide line is a perfectly acceptable guide and staying significantly further away from it ensures that your within the designated area whether water is present around your feet or not.

A 20yr average that's using an average from 40yrs ago. That could have you shoulder deep in some areas if sand and environments change. I think you have a clear case if you're going to fight it. You were never on private property, and the security guard was harassing you. Then the cop didn't know the correct divider between public and private, then suggested you just don't fish here, which coming from a voice in power, can be seen as intimidation.

That same guy messed with me too but I just totally ignored him

Man I have been fishing at shell since way back when you could park where those fuckers houses are now. Then they went up and it was still ok to fish, walk your dog, sit on the beach, and do whatever without issue. It has just gotten out of hand over the last few years. When you buy a house there, you know what comes with it. If you’re that miserable, move your ass on out to the country away from people. Last time I was there, I was with my 2 daughters who were 4 & 6 at the time (5 & 7 now), and the cops came and kicked us out. We were swimming in the water. I wanted to go down there to get away from all the people that were drinkin and smokin at the “public” section. The bitch that lives in that house had put grease all over that first No Trespassing sign post so that when you grab it to go around it, you fall on the rocks that it’s installed in. Even the cop came down and was washing his hands in the sand and water cursin her. She just needs to go away. I think that she should be charged conspiracy to charge bodily harm for that grease move……. If it were not for me having my girls with me, it would have been a much uglier scene, because like I said, WE WERE IN THE WATER!!!! I’ve even had the cops called on me for wading around the docks in the other direction, and when he showed up (of course I waited for him to show up and slaughtered the snook while doing so😉), the cop told me and the spoiled little bitch and her dog that called on me that I could stay and fish there as long as I wanted. I to,d him thanks and that’s all I wanted her to hear, then I packed it up and left lol. People are idiots with nothing better to do then shit on other peoples parades. Sorry for the harsh language, but this stuff gets me so heated. Good for you for standing your ground. Something needs to be done.

Ridiculous let people fish nothing legally done wrong here good to see you sticking up for yourself hope it gets resolved

you are correct. the security dude was just appeasing the property owner.

Webster says: mean adjective (2) \ ˈmēn \ Definition of mean (Entry 3 of 4) 1: occupying a middle position : intermediate in space, order, time, kind, or degree I'm glad you got it on camera, great filming as always. I'm on your side bro. Both the security guy and the cop were wrong. Incompetence at the highest level on both of their parts. I'm pissed too. Thanks for sharing. I'm wondering what would of happened if you refused to sign?

Sounds like local anglers need to come together to prove a point.....I'm in!

Call FWC to get clarification. Ask where it is written and carry a copy of the statute with you.

There needs to be a blue collar boycott of the owners of this property. They are attacking blue collar people with this trespassing bs. No cleaning their pool, no working on their house, no washing their cars, no serving them drinks at the bar, etc.

Fight it in court and report back.

I grew up in SRQ, family dates to 1822 in the state and helped build the place....every been to the Ringling Mansions? Island Park? Selby Gardens? City Pier before Marina Jack was built? Anyway had three + friends that all lived on the shell road so I had free run of the place.....if anyone ever remembers the cartoon in the Sunday papers called "Alley Oop", the cartoonist Dave Graue used to sit right on his screened in back porch about 12 houses west of there and draw that cartoon. I was friends with his daughter so I sometimes chat with him while he sat there and drew. It looks like there are a bunch of "customary use" lawsuits in progress and the FL legislature passed some house bill 631 that has things confused more. One thing I can see is that "mean high tide" does not consider anything at all about the mean low tide side of things. The appears to me to be that anything below the mean high tide line is fair game for use. Next time I'm there will ask family.....many Sheriff Dept. connections...although it sound like this year some of the lawsuits will be having some outcomes and also the new lines will be set that are outdated.......those Nebraska owners may be about to lose some land.....

Thabk you for posting this. Can you please post an update? Also, isn't their sign on the public beach? Shouldn't it be removed?

Should’ve had fwc come out there

Sounds like you need a Fishin festival there nobody step foot out the water 100s of people you will have them fuming

If the law is written that way, you're gonna have to go to court, that's the only way it'll get settled.

people live to bother fisherman

You are 100% correct in this situation. I do believe that in Florida you also have the right to shoot anyone that interferes with your right to fish. Of course that would only apply if that confrontation went severely wrong.

You should of called the DNR. That cop has no right to do that to you. In most states the DNR is the most powerful law enforcement agency. That Sheriff will 9 times out of 10 side with the property owners over a fisherman. The DNR doesn't play games. They would have sided with you and told the homeowner to stop harassing you or they would be ticketed for harassing a sportsman in the field.

You weren't in the wrong we need to get like 50 guys to go fish in front of that guy's house

I’m gonna fish there lmao

Any updates on this?

Wow that dude has too much time

Was my favorite spot. I don't even go out there anymore because of this.

Isn’t high tide line and high water line the same thing?

Just call the game warden next time.

Karen

Ah tough one. I see both sides. I'm a fisherman and I'm actually staying on siesta key in a couple months. I'll go see these people for you. On the other hand if I paid that kind of money for beach front land I wouldn't want a one standing for hours in front of my house. But the law is the law.

Nice cop the other guys and idiot tryin to get u fined or arrested I have neighbors like that they're the worst

I fish standing in the water and get the cops called on me all the time and get trespassed and the cops are idiots when it comes from knowing the water laws from my experiences

Well I’d have to say to stay in the water not the high tide line bub