On Aug. 15, the Flagler County government administration issued a letter to property owners in the unincorporated portion of the barrier island alerting them to a possible special tax the county would be enacting in the future to raise money for beach protection. The letter noted that while a line item for the new tax would appear on tax bills, there would be no levy in the coming fiscal year, from next Oct. 1 to Sept. 30, 2026. The indicated sum would be zero.
The county is proceeding with the public hearings legally required before such a special assessment is levied, scheduled for Sept. 11. But it is awaiting the results of an engineering study to determine what the levy would be next year (starting on Oct. 1, 2026). Property owners have taken the letter to mean that a tax is on its way now, and have also been critical of being singled out to bear the cost of beach protection.
Today, the county issued a clarifying statement and Q & A. “I wanted to provide context on why we issued a public statement regarding the MSBU,” County Administrator Heidi Petito said, referring to the levy by its technical term: a Municipal Service Benefit Unit, as the levy’s revenue is intended to provide a direct “benefit” to property owners–namely, protect their properties from the effects of beach erosion. “Many residents are having difficulty understanding the MSBU letter.”
The statement, which follows in full as provided by the administration, is intended to clarify concerns.
Flagler County mailed a public notice to residents within the unincorporated area of the barrier island regarding the proposed Municipal Service Benefit Unit (MSBU) for Beach Management.
The MSBU district was formally established in December 2024. As stated in the notice, the County Commission will not levy the assessment at the September 11, 2025, public hearing, and the assessment will appear on property owners’ tax bills as zero dollars ($0.00). Nevertheless, state law requires that the annual notice be issued to keep the MSBU active for future use.
A MSBU will be an important part of the overall Beach Management funding strategy going forward. However, before any assessments can be levied, we must complete the required apportionment study. To that end, the County has hired an engineering consultant to evaluate the appropriate cost allocation of the MSBU based on the needs of beach management and the direct benefit to the properties being assessed. Before any future assessment is levied, property owners will receive a separately mailed notice identifying the specific amount to be levied on their properties, the date of the public hearing at which the assessment is to be levied, and how to object.
Flagler County has remained consistent in its approach to funding this vital program, which requires a countywide solution. Because of the significant costs involved, and recognizing both the direct and countywide benefits of a healthy coastline, the funding plan will be structured as a blend of potential sources – including dedicated ad valorem millage, tourist development tax, the MSBU, local option sales tax, and state/federal grants. Some portions of this funding structure may require a voter referendum.
To demonstrate our commitment, the County has already set aside $8.1 million in the Fiscal Year 2026 budget to support Beach Management. Over the next year, the Board of County Commissioners will continue to solicit feedback from residents through a variety of channels including workshop discussions and public forums to gather input and explore options for establishing a sustainable, long-term funding stream.
No final decisions have been made. We deeply value public input and engagement, and we appreciate the community’s continued support and patience as we work together to protect and preserve our beaches for generations to come.
Beach Management MSBU – Frequently Asked Questions
Q: Why did I receive a public notice about a Beach Management MSBU?
A: The MSBU (Municipal Service Benefit Unit) district was created in December 2024. Even though no assessments are being levied this year, state law requires that a notice be mailed annually to keep the MSBU active.
Q: Does this mean I have to pay something now?
A: No. Nothing is being levied in 2025. The notice was informational only.
Q: Will the MSBU be used in the future?
A: Yes. The MSBU will be part of the funding plan for Beach Management, but the amount to be assessed must be determined by an engineering study that is currently underway.
Q: How will Beach Management be funded?
A: The plan has always been to use a blend of potential funding sources—including ad valorem (dedicated millage), tourist development tax, MSBU, local option sales tax, and state/federal grants. Some of these may require voter approval.
Q: How much money has the County committed so far?
A: The Board of County Commissioners has already set aside $8.1 million for Fiscal Year 2026 to support Beach Management efforts.
Q: What happens next?
A: Over the next year, the County will continue hosting public forums and discussions to shape the final funding strategy. No final decisions have been made—we want and value public input.
Q: Why is this important?
A: Protecting and preserving Flagler County’s beaches benefits residents countywide—supporting tourism, property values, storm protection, habitat, and quality of life.
Ed P says
Anyone living in unincorporated Flagler County on the Island should make plans to attend the September 11th meeting. An open ended, narrowly assessed non ad valorem tax that is uncapped has the long term potential to be crippling. What tax amount can we expect in 10-15 years? How many multiples of the 2027 assessment?
The county doesn’t have the authority to levy any beach re-nourishment fees on the incorporated areas but the largest population is Palm Coast. Based on that premise, are they intending to burden 15% of the county population to solve the problem? How can that be equitable?
Of course Island residence benefit from the program, but certainly not 100%. The entire county enjoys the resources and their real estate lift the beach provides. Coast is in the name. Cell phone data indicates that Palm Coasters do visit the beaches and eateries frequently. Even as they keep denying it. The beach is public. If I choose not to use the library or Holland Park, how is that different?
Were Old Salt park, Hammock beach, Mala Compra Park, Varn Park, Bay Drive park, and River to sea preserve created for exclusive use by islanders? Does anyone think most island residents load up the car and drive to the parking lots when they could simply walk to the beach? Did the island residence face a special tax when these facilities were built? The parks were designed with Palm Coast residence in mind. A place to leave your car, cross over to beach with some comfort facilities.
The beach is similar to any other public infrastructure or civil amenity. The island residence currently pay 3-10 more than Palm Coasters for taxes due to assessed values. Many residents are seniors on fixed incomes and most are not rich.
The Hammock area has already been assessed $465/year for 20 years for the drainage program based on the same fallacy as beach re-nourishment. The Island pays a disproportionate amount of taxes based on services rendered. Police, Fire and even school children service are vastly under utilized. Pay more get less, the new mantra?
If every county parcel, 8200+ was assessed, the cost for Palm Coasters might reach 15 or 20 cents per day. $50 or $60 dollars per year. Vacation rentals aka Airbnbs should pay more as should other businesses. Of course Island residence would pay a little more, but not 100% of the budget gap.
It could be viewed as a dereliction of duty for the Commissioners to keep delaying the funding but viewed even more harshly if they just give up and move forward with this plan.
I am not a fan of a county sales tax increase, but if that’s the only alternative possible, then it’s more palatable then the non ad valorem plan. The county only has left 1/2 per cent tax in their purview and still needs the cities to allow the county to access the additional tax money. Tell the county constituents the truth. If city officials hold up an equitable solution, expose them.
Do the right thing.
Ron says
We were access this year. The commission has failed us. Our HOA collected 396 dollars per property which is being handed over to the county for beach re nourishment . So that statement that the assessment is zero is incorrect.
It really is a shame that our newly elected commissioners decided to veto their staff after they work on a solution for months. Those newly elected commissioners cannot make decisions and they certainly do not have solutions other than tax the barrier island.
My question to those commissioners have you really look at where the bulk of your tax dollars come from to support the county resources? Do you think it’s your responsibility to protect those assets along with the entire Flagler County?
You really need to implement that available 1/2 sales tax! Do you think this protection is for people that live on the beach or is it more? Maybe protecting on scenic A1A which all our residents use.
Roger Cullinane says
We live in the Hammock and feel it is appropriate to pay more for beach renourishment than those living on the west side of the Intercoastal. However, we also feel that this is a county beach and benefits all homeowners in Flagler County, whether they use the beach or not. The County Commissioners need to agree to increase the sales tax by the half penny recently suggested. It is a pittance for our residents to pay, and they will benefit by maintaining the value of their homes, which are clearly impacted by their proximity to the beach. The residents of the Hammock are paying a fortune in property taxes to educate the students of Flagler County (38% of our property taxes are for schools), even though it is a rare household in the Hammock with school age children. I have never heard anyone in the Hammock suggesting we should not be paying the school tax.
Greg says
There are a lot of big dollar owners in that area. I agree that they should pay more, but I also think that EVERY property owner in Flagler should pay to protect the beaches. I’m 74 on a fixed budget, not rich buy any means, but I am willing to pay a bit more property taxes or a half penny sales tax increase. Wake up county leaders and solve this issue the only right way, and that is by spreading the cost to all.
Had to add this says
For God’s sake, please read this:
1. Residence – a place to live.
2. Resident/residents – the people (or peoples) who live in a particular area or housing unit.
3. It’s INTRA-coastal . . . Intra means “within” (the coast, as in intracoastal). Inter means “between”.
If you live here, you should know the difference.
Angela Bailus says
As a resident in the Hammock, I understand the MSBU just fine. It leaves the assessment, of the smallest population, to benefit the whole population, tourists and investors, open ended, with little to no knowledge of this assessment, and its future increases.
People who live on the barrier island, who do not have direct access to the beach, are not getting a direct benefit as the county claims in the Municipal Service Benefit Unit (MSBU). Houses on the beach, resorts and clubs on the beach, golf courses on the beach, multi-million dollar condos on the beach, subdivisions with direct access to the beach for their homes, and businesses with profits from tourism and beach patrons, have the benefit and should be the target of the MSBU, not just everyone who lives on the east side of the Intra-coastal Waterway. As residents without direct access to the beach, what we get from tourism, and beach patrons, is clogged roads, nightmare parking, higher water bills, higher taxes and higher cost of living, and we pay to get home crossing the bridge owned by one of these subdivisions on the beach.
The county has not given us a good explanation as to why all of us here in the Hammock should pay an annual assessment to *re-nourish* the beach. What is our direct benefit? I have heard, or read, somewhere, that it is to protect our properties from the water level rising. If the county was truly concerned about this angle, then the county could build a seawall. The FDOT built barriers to prevent the ocean from washing away A1A in Flagler Beach. The county could do similar. So, clearly, the action is to save beachfront properties and tourism. My husband and I built our house four feet off the ground, with baffles underneath to direct the flow of water, should it rise. Our property drains very well. We maintain our seawall as the boat traffic effects it. I would think that people who purchase/build on the beach would have similar requirements and not depend on the rest of us to keep their backyards intact.
The open ended aspect of the assessment, whether legal or not, is not a reasonable requirement to place on the smallest population, simply because some of us are near the beach, but many are not. We still have to drive and park like all the rest of the population. I have never heard of such a thing. I used to be the Stormwater Administrator for the City of Delray Beach, and assessing well over 30,000 properties each year was one of my job duties. It was done by equal residential units (ERUs). Subdivisions which maintained private drainage got a 50% discount on their assessment, as they still used public roads. FDOT and Palm Beach County got assessed for their road drainage systems, and city properties were assessed for their public road drainage. The amount was known ahead of time, and didn’t change for the nearly 20 years I was there. I only got one complaint from a citizen in that whole time, as he felt that $54 a year was unreasonable to be assessed for his home.
Here in the Hammock, the Marineland Acres subdivision got a set drainage assessment, by the county, for construction of drainage, spread over a set amount of years. The assessment is only in Marineland Acres, and that subdivision gets a direct benefit from that drainage, and has the opportunity to budget their assessment. Other properties are not assessed for Marineland Acres’ drainage.
However, since the larger population also enjoys the beach, the beach assessment should be spread across the entire county and its municipalities, with the homes on the beach, the subdivisions with direct access to the beach, vacation rentals and other businesses that profit from the beach should pay a larger portion. Those of us who simply live on the other side of the river should not have to shoulder the burden. There are many people here, some who have lived here just fine for generations, without tourism and oceanfront resorts and mansions, and may not be able to support these wealthy communities. Take a trip throughout Marineland Acres and you will see there is no public parking at the beach on the public, county owned roads, but lined with homes with direct walking access to the ocean. At the end of each road, there are “No Parking” signs, with the threat of being towed away, and instructions to park at Bay Park, which is a public park. So, all those homes, on the public roads, have beach access limited to walking distance only, and a long, hot walk, for the general public, with nowhere for the general public to park on A1A, to get to those roads. Those people living on those public roads only will benefit. Sea Colony is a gated community, so no general public beach access there either, and so it goes. I have sent Mr. Tristam pictures of the no parking signs on the public roads. Hopefully, he will post some.
I’m a bit surprised that the county would promote such a thing! To assess everyone on the barrier island the same is disproportionate, and disingenuous, as it will not benefit all of us on the island.
Due to a previous engagement, my husband and I will not be able to attend the September 11th meeting on the subject, therefore, I am counting on my neighbors to attend. This comment is our dissent on the topic of the MSBU.
Ed White says
Why is the MSBU notice you received concerning?
Residents of unincorporated coastal communities in Flagler County recently received an MSBU notice in the mail. Though it currently reflects a zero charge, we should all be concerned as this is a placeholder for a future charge to property owners of an undetermined amount. Why undetermined? The following explains why. County staff, led by County Administrator Heidi Petito, and our County Commission, led by Commissioner Greg Hansen, designed a good and fair funding plan that would provide approximately $12,000,000 per year ongoing to fund our Beach Management Plan. The two main contributors to this plan were an annual MSBU fee (charged only to unincorporated beach area residents east of the Intracoastal) and a ½ cent sales tax charged throughout all of Flagler County (including beach residents and tourists). The MSBU would have been approximately $160 per year which seems fair given that beach residents arguably use the beach more than others. That planned MSBU would generate around $1.4 million per year. The ½ cent sales tax spread throughout the county would generate around $9.3 million per year. Spreading the sales tax (it’s only 50 cents on $100 purchase) throughout the county is also fair because the entire county reaps the benefits from a healthy beach through tourism economic impact and taxes. If the beach goes away, tourism goes away, and the entire county suffers by losing some large portion of the $800,000,000+ annual tourist spending and associated fees and taxes. We would all have to make that up through much higher taxes or suffer a lower quality of life in Flagler County. So, why is the open-ended MSBU such a concern? Because when the new County Commission failed to pass the beach funding plan that included a ½ cent sales tax taking away the contribution of all of Flagler County, there became the possibility that the MSBU charged only to unincorporated beach residents could increase to as much as $1500 or more per year on an ongoing basis to make up the difference. That is too much. And it is unfair. Please write your County Commissioners and attend the meeting on September 11th and tell your County Commission that we need the ½ cent sales tax!
Dr. Michael Ruel says
The issue isn’t whether Flagler County needs a long-term plan for beach renourishment — we all agree our coastline is one of our greatest assets. The issue is how the burden of paying for it is distributed, and the current proposal is inequitable and unjust.
I live in Reach III, the very area being targeted for special taxation. Here is the truth: over 90% of Reach III’s 5.5 miles of shoreline is privately controlled by Hammock Dunes Club, Hammock Beach Resort & Spa, Ocean Hammock, and Sea Colony. These gated communities and resorts restrict access to their beaches as exclusive amenities for members, guests, or residents.
Yet the County Commission is attempting to impose a non-ad valorem special tax on every barrier island homeowner — including people like me who do not live in a gated community and who have no beach access whatsoever. Why should I, and thousands of others like me, be forced to subsidize the protection of private, restricted beaches we are not allowed to use? That is not “public infrastructure” — it is a taxpayer subsidy for private landholders.
Yes, Palm Coast residents enjoy public beach access, but within Reach III the public portion is less than 0.7 miles total (at Jungle Hut, Old Salt, and MalaCompra Parks). The rest is walled off behind gates. Public funds should protect public access beaches. If private clubs and resorts want exclusive rights, they should bear the costs of protecting their exclusive property.
The fair and just way to fund this project is through a countywide half-cent sales tax increase or an equivalent surcharge shared equally across all households in Flagler County. This way, everyone who benefits from the identity, economy, and value that Flagler’s beaches bring contributes fairly — not just one small group of homeowners unfairly singled out because of geography. The burden becomes light when it is shared by all.
But if the Commission refuses this broader solution and insists on taxing only those east of the Intracoastal Waterway, it will amount to forcing ordinary island homeowners to pay for the private gain of exclusive clubs, resorts, and gated communities that deliberately bar us from their beaches. That is not just poor policy — it is unjust, unfair, and frankly, wrong. Using public tax money to shield private property from the sea while denying public access is the definition of inequity, and it cannot be allowed to stand.
If the Commission moves forward with this plan, it will not only erode our beaches, but also erode public trust. Do the right thing: create a countywide funding model that is equitable, transparent, and fair.
Angela Bailus says
Dr. Michael Rule, thank you, very well stated. Throw in the public roads of Marine land Acres, including Ocean St., Moody Dr., Atlantic Dr., Flagler Dr., Rollins Dr. and Surf Dr., with public parking unavailable, and with the threat of being towed, there is no access for the general public. The No Parking signs were placed by Flagler County. Oceanside Dr. is private. Between there and Hammock Dunes, there is parking only in the public parks. Then, beyond all the massive Hammock Dunes properties, there is Painters Hill, and Beverly Beach. The public access, for the rest of us on the barrier island, is at the public parks, for which we already pay taxes, and share with the rest of the county.
You are absolutely correct. By assessing us disproportionately, we, in essence, will be subsidizing those who exclude us. There would be an unjust imbalance, should the current plan be adopted.
Donna Heiss says
We who live in the communities that have the private beach are already paying an assessment for the beach, including jungle hut, a public beach. We pay this assessment every year. We also pay for the bridge as well as paying for the toll. We are paying for the roads that everyone drives on too, like Camino Del Mar and Hammock Beach Parkway along with the roads in the gated communities. So now we will have a special taxing district on top of what we already pay, for Flagler beach only for Mother Nature to take it away? Seems fair to me. NOT!!!
Keep Flagler Beautiful says
“Many residents are having difficulty understanding the MSBU letter.” That’s rich. I see what this article says about a letter going out to “residents within the unincorporated area of the barrier island,” but I don’t trust Flagler County’s tax office or the verbiage they LEAVE OUT. Will the levy be assessed on ALL homeowners in unincorporated Flagler Beach or just those homeowners in the unincorporated portion of the FB barrier island? Specific clarification from Petito requested. Asking for those of us deemed to be “low IQ.”
Beaches are for all and should be paid for by all! says
Flagler County needs a long-term plan for beach renourishment I believe we are the only county in the entire state without one. So we all agree that we need a solution.
With that said the beaches are “for all” and are the main tourist attraction for the county. The beaches cover many scenarios such as gated communities, tourists resorts, tourists using hotels, public access, beach front parks, private residences, etc. making it impossible and unfair to target one group to pay for the usage of all of these entities. Yet the Commissioners have done that- they picked out a tiny select group of private residents to pay for the “entire” county and all of these benefits. The current proposal is targeting a few residents to burder the costs for the masses.
It’s unfair, uncertain, unclear, inequitable, and unjust.
I agree with all the other posts the just way to fund this project is through a countywide half-cent sales tax increase shared equally across all households in Flagler County and also tourists visiting the county (don’t forget about them- they can help us pay for it too!). This plans allows everyone to pay a tiny amount versus a small group paying for a huge county burden. Under the sales tax it’s a light burden as Dr. Ruel stated versus a huge issue.
Using a sales tax allows some of the burden to go to the tourists. And it’s fair because it’s everyone supporting the county’s biggest draw- the beaches.
The fact that Commissioner’s voted against the sales tax proposal which would defray the cost and make it fair to all is the issue. Why are the rest of the Commissioners not standing up for this proposal. Instead now the answer is to unfairly single out a small portion of Flagler County to pay for the costs of everyone to use the beaches? This is complete BS.
Vince mack says
The fact the last thing about why this is important is that it would benefit ALL county residents is enough reason to tax everyone! Not just those that chose to live Beach side
Ed P says
I was given what might turn out to be sage advice. The Flagler County board has their regular meeting on Sept 3. 9:00 am.-11:00. Would it be productive if a large contingency of Island Constituents attended and voiced their opinion about the entire MSBU and non ad valorem fee planned for 2027? Some people need ideas to be repeated.
The commissioners believe that the zero assessment for the 2026 tax year will make us all feel better. The Merry Poppins approach…
“A spoon full of sugar makes the medicine go down…it’s a most delightful way”
Larry says
1/2 cent beach tax is the best option for everyone in Flagler County. Too bad the commissioners didn’t pass the 1/2 cent beach tax this year. Perhaps the holdout commissioners will come to their senses and pass the 1/2 cent beach tax next year.
Kat says
As a resident of Marineland Acres, I would like to mention Angela Bailus’ comment, She lumps the people in my community in with the people in the exclusive gated communities because there’s no public parking on our streets. I will tell you that I bought my home over 20 years ago when the roads were unpaved, and there were very few homes in the area. Even though all of the lots were privately owned, most of them were undeveloped. The public parked there all the time. I even would come home from work to find my driveway blocked by people using the beach and I don’t live in a beachfront house.
The no parking signs, are relatively new since our roads were paved with the SPECIAL ASSESSMENT we are paying for the drainage project for 20 years! The same assessment money that built Bay Park, which is open to the public and has scads of free public parking. So we are already paying out almost $500 per year per property for 20 years. Therefore, we are subsidizing free public parking in our neighborhood. It is not our fault that when this subdivision was designed, it did not leave room for parking on the side of the street.
For the record, I never wanted my road paved as I liked the sand vibe and the asphalt is hot. Our roads are narrow, we have to park in our driveways or we are actually in the road, there are no side sidewalks so we have to walk in the street to go to the beach. There are drainage swales on either side of the narrow street. I have friends whom I let park on my property when they want to go to the beach.
When I chose my home, it was simple and relatively remote, with no HOA oversight or fees. Since then, I’ve had neighbors build million dollar plus houses, I’m still in my same modest house on a fixed income. Please don’t paint every resident with the same brush.
It shouldn’t be about who has the deepest pockets, it should be a fair and equitable solution. If you live in Flagler County, you have either a tangible or intangible enhancement to your property because of your proximity to the beach. Take it away, you lose tourism, and what happens to the local economy?
Dr Michael Ruel says
Private Communities Must Pay for Their Own Beaches
Flagler County’s proposal to create an MSBU (Municipal Service Benefit Unit) for Reach III beach renourishment is misguided, inequitable, and contrary to both precedent and common sense.
From the very beginning, private, gated communities in Reach III were expected to pay their own way. When Hammock Dunes was developed, neither the State of Florida nor Flagler County agreed to fund a new public bridge for access. The developers created a private corporation and built the Hammock Dunes Parkway Bridge at their own expense. That bridge remains private, funded by tolls. This was the first precedent: private communities fund private infrastructure.
The second precedent was established after Hurricane Matthew in 2016, when severe erosion forced the issue of dune restoration. To secure FEMA eligibility, Hammock Dunes Owners’ Association granted the county a perpetual easement over 2.3 miles of shoreline. In return, the association agreed to assess its homeowners $570,000 annually for dune maintenance until an alternative plan was adopted. That amounts to roughly $260 per household per year. Over nine years, Hammock Dunes should have collected more than $5 million. Where is that money today? What plan has Hammock Dunes presented for managing its own private beaches?
Third, the State of Florida and FEMA have consistently withheld public beach renourishment funding for Reach III precisely because 90% of its 5.5 miles of shoreline is privately owned, gated, and inaccessible. Reaches I, II, and IV — which include public access points — have received substantial state and federal support. Reach III has not, and for good reason: private beaches are not entitled to public funds.
Despite these facts, the County Commission is now advancing a fourth, deeply flawed precedent: a special MSBU tax that would force all barrier island residents — even those of us outside gated communities with no beach access — to subsidize the protection of private, member-only beaches at Hammock Dunes, Ocean Hammock, Sea Colony, and Hammock Beach Resort. This is not a “service benefit” at all. It is a misguided scheme to burden ordinary residents with financing the private amenities of exclusive clubs and resorts.
Finally, it must be said: the County Commission has a fiduciary duty to use public dollars responsibly. That duty does not extend to subsidizing the beaches of gated communities that exclude the very taxpayers being forced to pay.
I have lived in private, gated communities before — in California and here in Florida. Not once did those communities ask local or state taxpayers to resurface our private roads, repair our gates, or maintain our amenities. We assessed ourselves because they were ours alone to enjoy. That principle should apply here as well.
If private communities want exclusive beaches, they must fund their own protection. Public dollars should be reserved for public beaches that all Flagler residents and visitors can enjoy. Anything less is unjust, inequitable, and wrong.
Dr. Michael Ruel says
Think about it this way: when Hurricane Andrew destroyed my home in Miami in August of 1992, I also lost more than $100,000 worth of landscaping. My insurance didn’t cover landscaping — only the structures. As painful as it was, I had to absorb that loss because it was my private property. I couldn’t go to the Dade County Commission and demand that every taxpayer chip in through a special tax to restore my private landscaping. Yet that is exactly what these gated communities in Reach III are asking for today. Their private beaches are part of their private property, and like my landscaping, they are not entitled to taxpayer-funded restoration.
In this case, MSBU doesn’t mean ‘Municipal Service Benefit Unit’ at all. It really stands for a Misguided Scheme to Burden Us — the public — with maintaining private, gated lands that we cannot even access.”
Linda B says
The closing paragraph says it all…
Q: Why is this important?
A: Protecting and preserving Flagler County’s beaches benefits residents countywide—supporting tourism, property values, storm protection, habitat, and quality of life.
“Benefits residents countywide.”
The tax should be shared to countywide… Not what, all on the shoulders of only a portion of the residence.z
Also, voting on some thing as vague as that is just wrong… Finish the study get some real numbers and let the residents know exactly what the tax would be
Ed White says
Actually, this is not like your Hurricane Andrew/Miami example at all. Beaches are different. There are no private beaches in Florida. And in Flagler County there is pretty good public access to all beaches. Take Marineland Acres and Sea Colony (neither are private beaches) as an example. There is ample parking at Bay Drive Park. You can walk north and access the beach at the end of any road in Marineland Acres just as fast as I can walk to the beach from my house on Ocean St. Same goes for walking south throughout beaches in front of Sea Colony. Similar situations exist throughout the county with public beach parking at Marineland, Washington Oaks, Malacompra, 16th Road, Jungle Hut, Varn Park. Did I leave any out?
Parking and beach access aside, it looks like most all of us realize that the bulk of the Beach Management Plan funding should come from a 1/2 cent sales tax increase county-wide. The entire county benefits from healthy beaches for multiple reasons, not the least of which is the economic impact including taxes/fees generated by tourism. Let’s all focus on this and tell our County Commission how important revisiting the 1/2 cent sales tax is and get it passed so we can move forward with our Beach Management Plan. There is a Board of County Commissioners meeting on 9/3 at 9:00am and a Public Hearing about this MSBU on 9/11 at 5:00pm. Any Flagler County citizen is welcome to speak at either. Let our County Commissioners know how we feel.
Dr. Michael Ruel says
The Palm Coast observer reported today that suddenly the county has come up with a source of new funding. I’m not an investigator reporter, however, let me share with you what I know to be truth and facts!
Reach III: Public Dollars for Public Beaches, Not Private Gates
On August 8, the Flagler County Commission voted 4–0 to approve two temporary measures to fund Reach III beach maintenance: a $570,000 annual assessment from the Hammock Dunes Owners’ Association and a redirection of about $880,000 per year from the Tourist Development Tax for 2025 and 2026.
On the surface, this may look like progress. But in reality, it exposes deeper problems.
Hammock Dunes’ $570,000 obligation isn’t new. That requirement dates back to Hurricane Matthew in 2016, when FEMA required a perpetual easement and a long-term maintenance program as conditions for federal restoration dollars. Yet despite that agreement, it appears that no payments were collected for nearly nine years. Had the County enforced it, Hammock Dunes would have already contributed more than $5 million toward its own dunes. Why wasn’t this enforced? Where is the accountability?
Now, instead of holding every gated community in Reach III to the same standard, the County has simply patched the funding gap with tourist tax revenue and promised that a broader MSBU will eventually replace these measures. This plan would shift the long-term burden onto all barrier island residents, including those of us in unincorporated Flagler who do not live behind gates and have no private beach access at all.
The underlying inequity remains clear: Reach III stretches for 5.5 miles, but about 90% of that shoreline is privately controlled by Hammock Dunes, Ocean Hammock, Sea Colony, and Hammock Beach Resort. These communities market their beaches as exclusive amenities for members and guests only. Public access is confined to less than seven-tenths of a mile at Jungle Hut, MalaCompra, and Old Salt Parks.
This is why state and federal agencies have consistently denied full funding for Reach III. Public resources are tied to public access. Reaches I, II, and IV all qualified for federal and state cost-sharing because they offer access for everyone. Reach III does not, and so it has been left to local solutions.
But local solutions must still be fair. Taxpayers should not be forced to subsidize the private amenities of gated clubs and resorts. Just as Hammock Dunes was required to build its own toll bridge for access in the 1990s, and just as FEMA required a $570,000 annual maintenance plan after 2016, the precedent is clear: private communities pay for private infrastructure.
The County’s fiduciary duty is to protect the public interest. Public dollars should be used to protect public beaches. Anything else is, in truth, a Misguided Scheme to Burden Us with costs that belong to private, gated communities.
Dr. Michael Ruel
Dr. Michael Ruel says
Ed White, with respect, your statement that “there are no private beaches in Florida” is only half true. Under state law, the public may use the wet sand seaward of the mean high water line, but the dry sand uplands above that line are private property if owned by an HOA or resort. That is exactly the case in Reach III: Hammock Dunes, Ocean Hammock, Sea Colony, and Hammock Beach Resort all restrict direct access to their beaches, market them as exclusive amenities, and control the dunes and uplands.
Yes, the public can enter the beach at designated access points like Jungle Hut, Bay Drive, and MalaCompra. But let’s be honest: less than 7/10 of a mile out of Reach III’s 5.5 miles is truly accessible via public entry. That’s under 10%. The other 90% is controlled by private, gated communities.
And this is why the analogy stands: just as I could not demand that taxpayers fund restoration of my private landscaping after Hurricane Andrew, these gated communities should not demand that taxpayers fund restoration of their private dunes. Public funds should be reserved for public beaches. Private communities must maintain their own private property.
What Florida Law Actually Says
1. Mean High Water Line (MHWL):
• In Florida, the wet sand seaward of the MHWL is held in trust for the public.
• Anyone can walk, fish, or swim there.
2. Above the MHWL (dry sand):
• This is private property if deeded to the landowner.
• Unless there’s a dedicated public easement, boardwalk, or park access, the upland property owner (like Hammock Dunes, Ocean Hammock, Sea Colony) can restrict access.
3. Court Rulings:
• Florida courts have repeatedly upheld that upland owners can exclude the public from the dry sand unless “customary use” has been established through litigation — and that is rare.
• Flagler County has not established customary use for the beaches fronting Hammock Dunes, Ocean Hammock, or Hammock Beach Resort.
4. Access Points:
• It’s true there are designated public access points (Bay Drive Park, Jungle Hut, MalaCompra, etc.), but those do not magically make adjacent gated beaches public.
• Without easements, you cannot legally cross private dune walkovers or trespass across HOA property to get to the sand.
With Respect,
Dr. Michael Ruel
Angela Bailus says
Kat, we too, owned property in Marineland Acres, on Ocean Street, and enjoyed walking the dirt road to the ocean, where hardly anyone was found. If you recall, not too long ago, the objection to public parking started when the residents, at the beach end of the roads, did not want golf carts parking in the right of way. It was a heated argument at commission meetings. My husband and I thought it absurd as most golf carts came from the neighborhood, so what was the problem to these people complaining? Not even golf carts?
Your road is narrow because Marineland Acres had no easements. During construction, the county could have created a couple of parking spaces at the end of each public road, for public parking. As it was left, no attempt was made, on these public, county roads, to give any sort of access to the general public. One would have to taxi in, be dropped off, and taxi out again, or be dropped off by boat, or get permission from a resident such as yourself, to park on private property, the way gated communities would provide access.
We were well aware of the flooding in Marineland Acres and brought in a lot of fill for our property. Then, we ended up selling it before Hurricane Michael hit. You were assessed for paving the dirt roads and resurfacing of paved roads. Your assessment also covered the construction of a new drainage system, effecting over three miles within your subdivision, which drains into the retention pond in Bay Drive Park. You were assessed the discharge pond, not assessed to build the whole, public park. Therefore, you had a direct benefit from your assessment, relieving the subdivision of the flooding it experienced frequently.
Angela Bailus says
Ed White, Yes, you left out Old Salt Park. Public parking in parks that are already budgeted and paid for by tax payers, is not the issue. The issue is that the county is currently planning for those of us, a small population, simply located east of the river, to pay for beach areas we cannot access, which includes Ocean Street (see my comment to Kat). The statement that all beaches are public may be true, but very misleading. You commented someone could walk from your Ocean Street south through gated Sea Colony. With nowhere to park on A1A and your street, explain how a family somehow shows up on Ocean Street, and carries all their umbrellas and coolers miles through the sand to the south. No one is doing that, and you very well know it.
Dr. Michael Ruel is absolutely spot on. The plan is inequitable, unreasonable and unfair.
RTC says
Dr. Michael Rule,
You are incorrect in asserting that the beaches in front of Hammock Dunes, Ocean Hammock and the Hammock Beach Club are private. The entire beach in Flagler County has been designated as available for public use – see summary of this at the end of this message.
Flagler county has 18 miles of beach with multiple spots for public access and public parking. The fact that there are several gated communities along the beach does not deprive anyone from using the beach. Cell phone statistics prove that the beach is used more by residents living west of the Intracoastal than by those living on the barrier island.
The beach benefits all of Flagler county residents, not only by their access to the beach, but also by increasing the value of their homes, and by prividing millions of dollars of economic activity to our county, generating jobs, bed taxes and sales taxes.
How do you feel about all the taxpayers on the barrier island paying millions of dollars each year in school taxes when there are hardly any school age children living on the island? Should they be complaining. If the homes on the barrier island get badly damaged or destroyed you will wish you had been paying the 1/2 cent sales tax instead of the thousands of dollars of property tax increases you will be facing to pay for your schools.
From AI
AI Overview
Flagler County issued a customary use ordinance in 2018 to preserve public access to its beaches, which was based on the doctrine of customary use to allow the public to use the dry sand on private property due to long-standing historical use. The ordinance was passed in response to a new state law at the time that could have restricted access, and it was a precedent-setting move to maintain public access to the entire length of the county’s beaches.
Ed White says
Angela and Michael –
Angela… Old Salt Park is what I was referring to when I said 16th Road. Also, I did not say people could park on Ocean St and walk to Sea Colony. What I said was they could park at Bay Dr Park (really nice with lots of parking, bathrooms & showers), access the beach, and walk north throughout Marineland Acres beaches or south throughout Sea Colony beaches as easily as I can walk from my house on Ocean St. and do the same. Like Bay Drive Park, Old Salt Park/16th Road (80 spaces plus bathrooms) is another good example as that beach access is slap dab in the middle of Hammock Beach and Cinnamon Beach. You can walk north or south from Old Salt Park and set up your beach day right in front of the golf course if you so desire. All the other public beach parking spots are similar. The point is that everyone in Flagler County has options to use the entirety of Flagler County beaches.
Michael… I respectfully disagree about the public nature of beaches in Flagler County. Yes, the mean high-water line defines ownership. But the customary usage of dry beach above that line was dealt with by Flagler County in 2018. You can sunbathe on the dry sand if you want to. Please read this article: https://www.news-journalonline.com/story/news/local/flagler/2018/06/23/flagler-preserves-public-access-to-private-beaches/11901921007/
And as discussed with Angela, there is plenty of public parking throughout Flagler with bathrooms and showers. No, you cannot park at the end my residential street (Ocean St) to go to the beach. Nor can I launch my kayak between residential homes on the intracoastal. But again, the bigger point is everyone in Flagler County has options to use all of Flagler County beaches.
All… as nice and convenient as the ability to access and use the beach is, there are other reasons that the Beach Management Plan benefits every citizen in Flagler County. Not the least of these benefits is the economic impact generated by tourists who visit our beautiful beaches (some $891 million in 2024). Can you imagine the world of economic hurt Flagler County would be in if the beaches went away and tourists stopped coming. This is why every citizen in Flagler County should get behind the 1/2 cent sales tax (50 cents on a $100 purchase) as the main funding source for our Beach Management Plan. Let’s all get behind that!
Angela Bailus says
Ed White: Your comments about public access behind private properties are extremely exaggerated. You know very well that people do not walk, for a mile or more, through the hot sand, away from where they parked, in a public park, to get behind your road that you simply walk down. We already pay tax for the public parks, and their wonderful bathrooms and showers.
In your comment, you have also neglected to mention the special assessment areas of the Hammock, which includes those of us who drive to the beach, as does the rest of the county. Apparently, you and your beach neighbors are just fine with assessing an old lady, or some guy, on a fixed income, in a trailer, on a small lot, who has to drive to the beach (should they actually want to go) the same as your neighbors on the ocean. What about the small family, on the east side of A1A, who also doesn’t have the same, direct access as you? You and your neighbors are fighting to pay less, and asking others, outside your direct access, to pay more. We would not be getting a direct benefit from this unreasonable assessment, as you and your neighbors would.
You should have realized the potential hazards of living near the ocean, as did we, when we moved on the ICW, yet, we are asking you for nothing.
Thanks, but I don’t want to pay for someone else’s second beach home, investment, profit making golf course, or clubhouse. The 1/2 cent sales tax is separate from the Hammock special assessment, so that is not part of the argument here. The argument here is whether to assess all who simply live on the east side of the river differtly than the rest of the county, without direct benefit the county tried to claim, while giving the people of Palm Coast, essentially, a free pass.
Now, do you want to include the rebuilding and ongoing maintenance of all the Hammock seawalls? How about the mowing and landscaping of all the ICW right of way? You can throw in the regular maintenance of all the road right of ways of Hammock residents who do not have direct access to the beach. Now, maybe I’ll listen harder. But don’t bother with telling me I can walk a mile or two through the sand to experience the same beach as you and your neighbors, and the tourists do.
By the way, the beach here doesn’t stand up to most Florida beaches. We tend to vacation on Florida beaches that are far more alluring.
Dr. Michael Ruel says
Flagler Beach Renourishment Tax
I have been very critical of the proposed MSBU, which I have called a “Misguided Scheme to Burden Us,” because it unfairly targets only those of us living east of the Intracoastal to pay for Reach III beach restoration, even though more than 90% of that shoreline is controlled by private, gated communities. That approach is inequitable and discriminatory, and I continue to oppose it.
However, after speaking with multiple county officials and doing additional research into how our tax base works, I have broadened my view. The reality is this: “Healthy Beaches” benefit everyone in Flagler County. They protect our property values, they attract tourism that helps fund essential county services, and they sustain the “quality of life that we all enjoy” here.
If we fail to protect our beaches, the impact will be felt far beyond the oceanfront. Property values will drop, tourism will decline, and taxes for all of us will rise to make up the shortfall. That is a risk none of us should accept.
The “simplest and fairest solution” is to spread the responsibility fairly across all who benefit — residents, visitors, and businesses. A half-cent countywide sales tax, combined with dedicated tourist tax revenues, provides a sustainable, equitable way to fund beach management. This keeps the cost low for individuals, ensures visitors share the burden, and protects our beaches for everyone’s enjoyment, now and for future generations.
Ed White says
Michael, I agree with you 100%. Please share your opinion wherever and with whomever you can, particularly our County Commissuoners. Thank you.
Roger Cullinane says
I also agree with Dr. Michael Ruel. The beach benefits all of the residents of Flagler County and the 1/2 cent increase in the sales tax, along with a portion of the bed tax should be used as the major source of funds for maintaining it. This fairly spreads the cost to not just the residents of Flagler County, but also to the tourists who also pay the sales tax, and bear the cost of the bed tax. Importantly the cost to each resident of Flagler County would be very small, but the benefit would be huge.
This issue has dragged on for far too long – it is time for action. We need to have our Flagler County Commisioners vote not for the sales tax increase. Lets get this done now.
Dr. Michael Ruel says
I would like to caution my neighbors not to let their guard down. The news today that the Commission is “considering the possibility ” of putting a half-cent sales tax referendum on the 2026 ballot does not mean the MSBU has been rejected. The MSBU is still alive, and unless it is formally taken off the table, we remain at risk.
This may be a tactic to calm public outrage before the September 11 hearing. A referendum more than a year away does nothing to stop the MSBU from being enacted in the meantime. We cannot be caught off guard.
If you care about fairness in how we fund beach protection, please stay engaged. Attend the September 11 meeting. Speak up. Make sure the Commission knows that until the MSBU is withdrawn completely, we do not feel safe, and we will not stop paying attention.
As I stated in my pivotal comment after doing extensive research and reaching out to several county officials, the half cent sales tax is the best solution for all. Please show up at the September 11 meeting and voice your concerns about the MSBU and support for the sales tax.
As a side note, I have sent at least 4 letters to the commissioners and placed two phone calls that remain unanswered.
FlaglerLive says
Michael Ruel is correct: a sales tax would not pre-empt an MSBU, but would be part of the revenue mix.
Ed White says
We all need to work to try to make sure that the half cent sales tax is the vast bulk of funding for the beach management plan. It is the fairest approach and least impactful to Citizens at only 50 cents on a $100 purchase.