§ 262-26. Concessions.

(a)

Purposes. The purpose of this section is solely for the regulation and control of concessions and businesses on public beaches, and shall not be construed as affecting the titles or riparian rights of upland owners or conflicting with the provisions of F.S. §§ 253.12—253.126. Pursuant to such purpose, the board of county commissioners shall be authorized and empowered to make such rules and regulations governing the granting and issuance of any franchise hereunder as it may determine and consider necessary to regulate and control said concessions or businesses.

(b)

Jurisdiction of county commission. For purposes of this section, all ocean bathing beaches in Brevard County lying outside of any municipality and in general use by the public are hereby declared to be public beaches under the jurisdiction of the board of county commissioners.

(c)

Authority to grant franchises for concessions. The board of county commissioners is hereby authorized and empowered to grant franchises, exclusive or nonexclusive, for the operation of any concession or business to be conducted on said beaches. The board of county commissioners may designate and create districts or areas of such size, number or shape as it may from time to time deem best to carry out the purposes of this section. The board of county commissioners may fix the consideration to be paid for any such franchise as may in its opinion be reasonable, and such franchises shall be issued upon such terms and conditions and rules and regulations as the board of county commissioners may determine and consider for the best interest of the county. The board of county commissioners may require bond if in the opinion of the board such bond is desirable.

(Laws of Fla. ch. 59-1099, §§ 1—4)