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Year: 2020

Reopening weekend gets off to a fast start

Reopening weekend gets off to a fast start  

ANNA MARIA ISLAND – A tour of Anna Maria Island on Saturday revealed an Island wasting no time trying to return to normal as the first weekend of the governor’s phase one reopening plan unfolded.

With a two-hour parking limit in place, the parking lot at Manatee Beach in Holmes Beach was already full shortly after 10 a.m. Additional cars were not allowed to wait in front of the main gate and were turned away and forced to circle around until other cars exited out another gate.

Manatee County Code Enforcement Officer Pete Chadziewicz said people were being patient, but growing more impatient with each unsuccessful pass by the gate.

“When we’re full, we’re full,” he said.

The beach itself was quite busy and social distancing was practiced with varied degrees of success.

The West Coast Surf Shop was open and the picnic tables at Skinny’s Place across the street were filled with outdoor diners.

After leaving the beach, Valrico residents Dana Kates, Shaun McCloskey and their three children hit the Ugly Grouper restaurant for lunch, where Kates and her 5-year-old son, Andrew, engaged in a joyous dance to the live music performed by Nick Lutz.

“This is the first time we’ve had the kids out in eight weeks. It feels pretty amazing,” Kates said.

“It’s Mother’s Day weekend. We had to get mom to the beach,” McCloskey added.

Down by the Anna Maria City Pier, folks gathered on the narrow beaches on both sides of the pier, joined by several boaters anchored just offshore.

Across the street, ice cream cones were enjoyed on Two Scoops’ waterfront patio.

Ginny’s and Jane E’s, Harry’s Grill, Poppo’s Taqueria, the Sandbar, Slim’s Place and The Waterfront restaurant were among the Anna Maria restaurants welcoming back their weekend patrons.

On Pine Avenue, Shiny Fish owner Rebecca Preston was happy to be back in the retail business, even at limited capacity.

“I’m thrilled to be open. We’ve seen a steady increase in visitors this week,” Preston said.

The beach in front of the Sandbar restaurant was a popular destination and so was nearby Bean Point.

The beach near the Moose Lodge in Bradenton Beach was moderately busy, but the beachgoers were spread out.

Bridge Street was abuzz with activity, including those who enjoyed lunch and/or adult beverages at the Anna Maria Island Oyster Bar, the Bridge Tender Inn, the Daiquiri Deck, Blue Marlin Seafood, Island Time Bar & Grill, Oma’s Pizza and more.

Reopening weekend gets off to a fast start
Bridge Street Bazaar employees are now protected by Plexiglas shields. – Joe Hendricks | Sun

People also visited the reopened retail establishments, including the Bridge Street Bazaar, where the clerks now work behind newly-installed Plexiglas shields.

Similar dining activities took place north of Cortez Road at the Gulf Drive Café, Wicked Cantina and Smoqehouse.

The Island’s stand-alone bars – the Drift In, Sports Lounge, Anchor Inn, D Coy Ducks and The Doctor’s Office – remain closed under the governor’s executive order.

Vacation rental check-ins are still prohibited according to the governor’s executive order, but out-of-town visitors and out-of-state license plates were a common sight.

A Tampa attorney recently filed a lawsuit against Gov. Ron DeSantis seeking to get the vacation rental ban lifted and DeSantis has not yet announced when vacation rental operations can legally resume.

DeSantis allowed hair and nail salons to reopen Monday with enhanced safety protocols, but he had not yet announced when the second phase of his reopening plan would begin.

Continued testing

When the reopening began on Monday, May 4, there had been a total of 619 reported COVID-19 cases in Manatee County, with 59 deaths and 162 hospitalizations. As increased testing continues, Manatee County had 783 reported COVID-19 cases, 178 hospitalizations and 74 deaths – 46 of which were attributed to nursing homes and assisted living facilities – as of Monday, May 11.

There was still only one reported COVID-19 case in Holmes Beach, one in Bradenton Beach (cruise ship-related) and none in Anna Maria. According to Manatee County Public Safety Director Jake Saur, a positive case is attributed to the zip code shown on the driver’s license or ID of the person who tests positive.

Castles in the Sand

What’s bad for New York may be good for Florida

I am a New Yorker, I was born in New York City and worked for 25 years in the city. Until I moved to Florida over 20 years ago, I lived my whole life in either New York City or its surrounding suburbs. I love New York City. I have never found another city anywhere in the world where I have traveled to match New York’s vibrant energy, diversity and culture; it is simply one of a kind.

However, now I fear the best of what the city has to offer may be gone. What the 911 terrorists could not do, an uncontrollable virus may very well complete. What does this mean to us now comfortably living in Florida and about to open our businesses, beaches and stores? It could mean a lot especially as it relates to real estate.

New York state has been losing residents for a long while; as of mid-2019, it lost almost 77,000 residents from the previous year. A combination of out-of-sight state and local taxes along with overpriced real estate has made it almost impossible for young families to exist in New York City and many of its suburban communities within commuting distance to the city. Now, because of the pandemic, a large percentage of employees and their companies are finding out that working remotely is possible. They are realizing they may not need to be in an office in the middle of a city, they can live wherever they want and enjoy a higher quality of life for them and their families.

Because of the virus, existing home sales fell nationally in March by 8.5% as expected. This is unfortunate after February’s growth was at the highest level in more than a year. The national real estate market was perfectly set up for a big spring buying season with low unemployment and low mortgage rates, making buying a home ideal, but now all of that is on hold. The lack of sales could have a negative effect on price growth combined with the loss of jobs, but that remains to be seen.

However, Florida – with our low taxes, low regulations and balanced budget in addition to a variety of housing options all more favorably priced than the northeast – is increasingly becoming a big draw. I read a recent interview with a realtor in southeast Florida who reported that in recent weeks he has seen a significant jump in inquiries for available properties. In the past he said he typically got one or two leads a day from the northeast. Now, he is averaging about 10 per day from the suburbs of New Jersey, Manhattan and Long Island as well as other parts of the northeast that have been hardest hit by the virus. Northeast buyers are telling him that they see a second wave of retirees relocating to Florida full time, much of it based on not only financial advantages but also lack of density.

There you have it. I cannot fall out of love with New York City, but I can see how it is changed and may no longer be the best fit for many. Residents of northeastern states may have had it paying for the privilege of living on top of each other and are ready to social distance permanently. My advice to Florida realtors is market to the northeast, especially those areas considered the tri-state – New York, New Jersey and Connecticut. My feel is there are a lot of people who have been simmering with thoughts of a change for a while and this pandemic may have put simmering over to boiling. Stay safe.

Reel Time: The bike angle

Reel Time: The bike angle

I like to bike and I love to fish. It occurred to me a long time ago that I might be able to access some great fishing spots by bike. More often than not though, my fishing adventures involved a boat. That is until I started pedaling to Longboat Pass to fish from the bridge and to the bay to explore local public docks. What I discovered was a way to get in some excellent fishing without having to do the work to get a boat in and out of the water, with all that’s involved.

That didn’t keep me from boating, but it opened up a new avenue for getting my fishing fix and a bike ride too. For anglers who don’t have easy access to a boat, a bike can take you to some excellent angling opportunities. A good example is Robinson Preserve in Manatee County. The park is a treasure for walkers, bikers, kayakers and anyone who enjoys the outdoors. It also provides access to Perico Bayou and Tampa Bay. In addition, it also holds a maze of canals that, based on recent observations, hold some pretty terrific fishing. On a bike ride to the park recently, I encountered a number of anglers who had used their bikes to access the bridges that span the preserve’s canals and outlets to Tampa Bay. When I reached a favorite spot for a water break near the bay, I saw two anglers far out on a shallow flat I’ve fished many times from my boat. Nearby, leaning against a picnic table were their two bikes with rod holders. I took some pictures along the shoreline and eventually the two anglers waded to shore nearby. They had experienced a productive morning of fishing, seen no other angers and landed a number of big redfish and trout.

Although it doesn’t take more than a medium-light spinning rod rigged with an artificial lure to get in the game, I saw other bikers transporting live shrimp and even cast nets for catching bait. My preferred rig is an 8-pound spinning outfit or 8-weight fly rod with a 25- or 30-pound leader. I’m confident in the flies, plugs and jigs I fish, so that’s what I use and what I catch fish on. I double my standing line with a Bimini twist or a spider hitch and then tie my leader to the double line with a blood knot. After tying on a fly, top water plug or jig with a Non-Slip Mono Loop, I stick a spool of leader and a couple of extra flies or lures in my pocket and I’m good to go.

This time of the year is perfect for a world of wade fishing that a bike gives access to. All you’ll need is a pair of wading boots or old tennis shoes and a change of pants for the ride home. Bikes can quickly get you to places you’d find hard to reach even by boat. You can plan your outing by consulting access points (Google Maps) online. Then pack your gear and use your bike to explore some local less-accessible fishing gems. Try using your bike to expand your fishing horizon. Whether it’s a quick ride to a local pass or to one of a number of local parks near Anna Maria Island, you’ll be surprised at the opportunities it will open up for you.

Sean Murphy withdraws his pier lease bid

Sean Murphy withdraws his pier lease bid

ANNA MARIA – Restaurateur Sean Murphy has withdrawn his bid proposal to lease the city-owned restaurant and bait shop buildings at the end of the new Anna Maria City Pier.

Today, Sean Murphy sent Anna Maria Mayor Dan Murphy a note regarding his decision to withdraw his offer. The mayor then forwarded copies of that digital communication to city commissioners, along with his own response.

In his note to the mayor, Sean Murphy wrote, “It was my intention when I entered the RFP process to be as helpful as possible to you in your endeavor to find the best operator for your pier franchise. I was far from certain that the operator should be me, but I was convinced that I could be helpful.

“Since I formed that resolution our community has been assaulted by a pandemic. The hospitality industry has been turned on its head. I was dismayed when my RFP became one of only two submitted at the closing date and was further dismayed when the motion was made and then passed that we would be the first negotiant. I believe we have fallen into a difficult time for planning any hospitality project. It is not your fault that in the middle of your RFP mechanism our world has turned inside out,” Sean Murphy wrote.

“I would recommend to you and the commission that you begin the RFP process over again when potential applicants have adjusted to the new environment and can make better decisions. I am certain that you will receive more and better proposals than you have now. I am withdrawing my proposal and encouraging you and the commission to begin again,” Sean Murphy wrote.

In response, Mayor Dan Murphy wrote, “Sean. Thank you for your note. I will relay your note to our commissioners. Our city appreciates your having taken the time to bid and hope that if a new RFP is issued, you would consider submitting an offer again. This will confirm receipt of your notification withdrawing your offer from further consideration for the City Pier restaurant.”

Sean Murphy withdraws his pier lease bid
Sean Murphy’s Beach Bistro restaurant had not yet reopened as of Saturday. – Joe Hendricks | Sun

Previous actions

During the special city commission meeting on Wednesday, the commission voted 4-1 in favor of authorizing Mayor Murphy to begin pier lease negotiations with Sean Murphy, the owner-operator of the Beach Bistro and Eat Here restaurants in Holmes Beach, where he also owns and operates The Doctor’s Office craft cocktail bar.

Commissioners Joe Muscatello, Mark Short and Amy Tripp supported Commissioner Jon Crane’s motion to move forward with Sean Murphy as the commission’s preferred pier tenant. Commissioner Carol Carter opposed that decision.
The commission majority selected Sean Murphy’s offer to pay the city $14,000 per month in base rent over the $18,000 in monthly base rent offered by the Ugly Grouper LCC group that includes Ugly Grouper restaurant co-owner Mike Ross and General Manager Thad Treadwell.

On Friday, Tripp submitted a request to rescind the commission’s pier lease decision. Tripp’s request for a “Motion to rescind action taken at meeting of May 6,” was then placed on the agenda for the commission’s next meeting on Thursday, May 14.

On Sunday, Sean Murphy withdrew his offer. Now that he has withdrawn his offer, the commission will decide on Thursday whether to authorize Dan Murphy to begin lease negotiations with Ross and the Ugly Grouper LLC or to reject both bids received and issue another request for proposals (RFP) as part of its efforts to secure a new pier tenant.

Thursday’s meeting

Because city hall remains closed to the public due the coronavirus (COVID-19) pandemic, Thursday’s commission meeting will again be conducted via telephone, and public comment will be allowed. The meeting will start at 2 p.m. To listen to and/or participate in Thursday’s meeting call 1-408-650-3123 before the meeting starts. When prompted, enter the access code, which is 590303789.

Commission will discuss rescinding pier lease decision

Commission to reconsider pier lease decision

ANNA MARIA – On Wednesday, the Anna Maria City Commission voted 4-1 in favor of authorizing Mayor Dan Murphy to begin pier lease negotiations with restaurateur Sean Murphy.

Next Thursday, May 14, at the request of Commissioner Amy Tripp, the commission will reconsider that decision.

When contacted Friday, Tripp declined to comment on why she’s asking the commission to take such action.

Referred to as Thomas Sean Murphy in his bid proposal, Murphy is the owner-operator of the Beach Bistro and Eat Here restaurants and the Doctor’s Office craft cocktail bar in Holmes Beach.

During a special city commission meeting Wednesday, Commissioner Jon Crane made the motion to authorize Mayor Murphy to begin pier lease negotiations with Sean Murphy. Commissioners Joe Muscatello, Mark Short and Tripp supported Crane’s motion. Commission Chair Carol Carter opposed the motion.

The commission majority chose Sean Murphy’s offer over the proposal submitted by the Ugly Grouper LLC headed by G. (Gary) Michael Ross. That proposal notes the Ugly Grouper restaurant in Holmes Beach is co-owned by Scott Rolen – a retired Major League Baseball player. Thad Treadwell is listed as general manager.

On Friday, the city released the agenda for the May 14 meeting. The agenda item says, “Motion to rescind action taken at meeting of May 6.”

The agenda item includes a subsequent request from Mayor Murphy that says, “Consideration of City Pier lease RFP proposals – if previous motion is successful.”

During Wednesday’s meeting, Mayor Murphy presented the commission with three options: Choose a preferred bidder to begin negotiations with, reject both bids and reissue the RFP that was issued before the COVID-19 pandemic struck or take no action at the time. It is not known what options will be considered at Thursday’s meeting, which begins at 2 p.m.

Because city hall remains closed to the public, the meeting will be conducted via conference call. To attend the telephonic meeting, call 1-408-650-3123 and enter the access code, 590303789. Public comment will be allowed.

Bid proposals

Ugly Grouper LLC offered to pay the city $18,000 per month in base rent to lease the city-owned restaurant and bait shop buildings at the T-end of the new Anna Maria City Pier. Sean Murphy offered $14,000 per month in base rent.

The $4,000 difference equates to the Ugly Grouper offering $48,000 more per year and at least $480,000 more over the course of a 10-year lease, not including any periodic rent increases included in the long-term lease.

The Ugly Grouper and Sean Murphy also submitted alternative rent proposals based on a percentage of the revenue generated. Mayor Murphy said the pre-COVID-19 estimated annual revenues for the pier-based business operations were $3 million to $4 million.

The city will retain control of the pier walkway, the boat landing and outdoor public space at the T-end of the pier. When opened after the COVID-19 concerns subside, the fishing pier and public restrooms will remain open for 24 hours a day.

The Ugly Grouper proposal says the Ugly Grouper restaurant opened in 2016 and has produced greater than 10% bottom line profits after budgeting a monthly rent of approximately $10,000.

The Ugly Grouper proposal references a partnership with Project Corporate, an entity that provides administrative and promotional support for the Ugly Grouper and other restaurants in Indiana not co-owned by Ross and Rolen.

The proposal says the Ugly Grouper is pre-approved for a $2 million line of credit that can be used for buildout, and Mason Martin Builders provided an estimate of slightly more than $1 million to complete the interior buildouts.

According to Sean Murphy’s proposal, he has an available cash commitment of $400,000 from the Robert Schwaeger Family Trust, $300,000 in commercial financing and a liquor license valued at $360,000.

“The Beach Bistro also has a full complement of restaurant equipment available to outfit the operation,” Murphy’s proposal says.

His proposal estimates $300,000 in renovation completion costs and an additional $50,000-plus for furnishings and light wares.

“A final corporate entity has not been selected for the operation. Sean Murphy will be the principal,” his proposal says.

Financials

According to the Florida Secured Transaction Registry website, a State of Florida Uniform Commercial Code (UCC) financing statement form was filed on June 10, 2016 that lists Beach Bistro Inc. and Thomas Sean Murphy as the debtor and Shawn Kaleta and attorney Louis Najmy as the secured parties. The agreement pertains to a commercial unit/condominium identified as Resort Sixty-Six – a resort that shares the same 6600 Gulf Drive address as the Beach Bistro.

The financing statement does not list a dollar amount but says, “This financing statement covers the following collateral: All furniture, fixtures, equipment, alcohol and beverage licenses.”

That agreement was terminated on May 3, 2018.

According to official records posted at the Manatee County Clerk of the Circuit Court website, on May 5, 2016, Beach Bistro Inc. and Thomas Sean Murphy entered into a $250,000 mortgage agreement with Kaleta and Najmy. Murphy is listed as the mortgagor. Kaleta is listed as the 1/5 mortgagee and Najmy is listed as the 4/5 mortgagee. On June 17, 2016, a mortgage modification document was filed that added $90,000 to the previous mortgage agreement.

On Jan. 10, 2020, a mortgage and security agreement originally dated March 12, 2018 was filed for a $125,000 mortgage agreement between Murphy, Kaleta and Najmy.

On January 31, Eat Here AMI LLC and Murphy entered into a $60,000 mortgage agreement with Mask Cigar & Liquor LLC – an LLC that lists Vimal Patel and Darshit Patel in Sarasota as authorized persons and managing members.

Eat Here operates in leased space at the Waterline Shoppes plaza owned by Waterline Shoppes LLC. The 14,376-square-foot restaurant, retail and office building is currently listed for sale at the Ian Black Real Estate website for $3.2 million.

The only official record located in association with the Ugly Grouper is a 2016 Holmes Beach city resolution pertaining to a revised site plan.

Official records pertaining to Gary Michael Ross list two non-monetary affidavits associated with FL Blue Sky Properties LLC and the 50 North Shore Drive 1 LLC.

Menus and fishing

“To accomplish rent goals for the city, the product offerings will have to make higher check averages possible. We can’t get the rent the city needs with just hot dogs,” Sean Murphy’s proposal says.

According to Murphy’s proposal, the food will be authentic and chef-crafted in-house, with an emphasis on fresh seafood, top quality meats, cheese and charcuterie. The bar offerings will feature a “creative cocktail list,” traditional American beers, craft beers and a moderate wine list.

The Ugly Grouper proposal says, “We want City Pier to be the best dining experience on the Island, which would include live music. We plan to provide breakfast, lunch and dinner. Our menu will give a variety of local and fresh items at price points that are comparable with most restaurants on Anna Maria Island.”

It also says, “We will also offer a fishing experience that even the most novice fisherman can enjoy. Our goal is to provide guests with assistance, if needed, and promote the enjoyment of the fishing pier.”

During public comment at Wednesday’s meeting, it was suggested that the pier tenant, whoever that may be, consider selling affordable burgers, hot dogs and chips at the bait shop for the families and fishermen and fisherwomen on limited budgets. Tripp and Short expressed informal support for that suggestion.

Beach reopenings welcomed by most, questioned by some

Beach reopenings welcomed by most, questioned by some

ANNA MARIA ISLAND – Coquina Beach, Cortez Beach and Manatee Beach are open again.

By order of the Manatee County Commission, the county beaches and beach parking lots on Anna Maria Island reopened at 10 a.m. this morning.

Public Safety Director Jake Saur closed the county beaches and beach parking lots on March 20 in response to the coronavirus (COVID-19) pandemic. But the beaches were never totally off-limits to Island residents, vacationers and those who found parking spaces.

Beach reopenings welcomed by most, questioned by some
The Bridge Street Bazaar in Bradenton Beach reopened with new plexiglass shields to protect the employees. – Joe Hendricks | Sun

Monday also marked the return of outdoor dining, with tables spaced at least 6 feet apart and indoor dining at 25% capacity according to Gov. Ron DeSantis’ phase one reopening plans, which took effect Monday.

These masked friends from Tampa – Caroline, Abby and Lesley – enjoyed lunch at Ginny’s and Jane E’s in Anna Maria on Monday. – Joe Hendricks | Sun

Many of the Island’s retail businesses also reopened Monday in accordance with the 25% capacity set forth in DeSantis’ executive order.

Beach reopenings welcomed by most, questioned by some
The Ugly Grouper in Holmes Beach was open for lunch on Monday. – Joe Hendricks | Sun

The entryways to Manatee Beach in Holmes Beach and Coquina Beach in Bradenton Beach are now staffed by county workers who hand drivers 5 by 7 cards with COVID-19 safety tips on one side and the handwritten date and arrival time on the other.

The dashboard cards provide county code enforcement officers the information they need to issue $25 parking citations to those who linger too long – with no tires chalked.

“If you’re away from people and keeping your distance, you can be out in the open air enjoying the sunshine, water and sand.” – Tina Miller, Bradenton resident

“Our goal today is to be courteous and helpful to the people who want to enjoy the beach,” Manatee County Code Enforcement Officer Zach Stiscak said, noting the goal is to educate beachgoers, not ticket them.

Construction projects at Manatee Beach and Coquina Beach have reduced parking capacity at both beaches. When a parking lot becomes full, entry will be delayed until cars leave and make room for others.

The main entrance at Coquina Beach is open. Drivers can also pull through the Coquina South boat ramp parking lot and under the Longboat Pass Bridge to access the south parking lot.

The beach restrooms are open, but the concession stands are not.

With no gated entryways, enforcement of the two-hour parking limit at Cortez Beach in Bradenton Beach was minimal.

The parking lot at Bayfront Park in Anna Maria remains closed.

Back to the beach

Amanda Daughtry and her two sons were among the first to arrive at Manatee Beach Monday morning.

“We are out of the house and so excited,” she said, noting she didn’t think their beach visit would expose them to greater risk.

Bradenton resident Tina Miller sat on the beach with two friends from Michigan.

“Opening the largest playground in Manatee County for large gatherings sends the wrong message.” – Bill Tokajer, Holmes Beach Police Chief

“I am so happy they reopened the beaches. If you’re away from people and keeping your distance, you can be out in the open air enjoying the sunshine, water and sand. Thank you, Manatee County,” Miller said.

Manatee Beach was busy but not packed, and for the most part beachgoers practiced social distancing. The same was true at Cortez Beach and at Coquina Beach, where Bradenton residents Judy and Dennis Schultz enjoyed beach time with seasonal Cortez residents Deb and Bob Bates.

“We missed it a lot,” Judy Schultz said.

“We’re snowbirds and we haven’t been able to come to the beach. I’m thrilled that I get to spend a couple days here before we go back to Michigan,” Deb Bates said.

Police perspective

The Holmes Beach and Bradenton Beach police departments are not assisting with the enforcement of the two-hour parking rule. And Holmes Beach Police Chief Bill Tokajer doesn’t think the beaches should be open yet.

Tokajer said that message was conveyed to county commissioners last week before they made their decision.

“Opening the largest playground in Manatee County for large gatherings sends the wrong message. The commissioners need to listen to the medical professionals who are telling everybody the numbers in Manatee County are still too high. Opening the beach indicates the virus is over and everything’s OK, but there’s still the opportunity for this virus to be spread to our workers at Publix, CVS, Walgreens and at our restaurants. That puts our residents, workers and officers in harm’s way.

“Holmes Beach will continue to have no parking on our streets, right of ways and beach accesses and violators will be ticketed and possibly towed,” Tokajer said.

Bradenton Beach Police Chief Sam Speciale is concerned about the lack of parking at Coquina Beach.

“You’re going to get people from across the state who decide to go to the beach and they’re going to get here and find out there’s no parking because of the construction,” Speciale said.

Lt. John Cosby said, “People are ready to get out, they’re tired of being locked down. But the more people that come out, the more interaction they’ll have with all the Island’s law enforcement officers, and that puts our people at risk,” Cosby said.

Beach reopenings welcomed by most, questioned by some

COVID-19 worse than red tide for tourism

ANNA MARIA ISLAND – COVID-19 has overtaken red tide as tourism’s worst nemesis in Manatee County.

For the first time since October 2018, when a persistent red tide was plaguing Anna Maria Island, tourism is down on all three Island cities and Manatee County, according to March tourist tax statistics just published by the Manatee County Tax Collector’s Office.

Tourism in Anna Maria is down 46% from March of 2019, Bradenton Beach is down 64%, Holmes Beach is down 46% and Manatee County overall is down 52%.

The last time all four municipalities were down at the same time was in October 2018, three months into a red tide that began locally in early August 2018 and originated in late 2017 in southwest Florida.

The October 2018 red tide numbers were considerably less grim than March 2020’s COVID-19 numbers, with Anna Maria down 1%, Bradenton Beach down 24%, Holmes Beach down 16% and Manatee County overall down 3%.

March’s drastic downturn is in sharp contrast to February’s upturn in all four municipalities, with Anna Maria’s tourism numbers up 30%, Bradenton Beach up 4%, Holmes Beach up 45% and Manatee County up 16%.

Manatee County’s 5% resort tax, or tourist tax, is collected from owners of accommodations rented for six months or less who charge the tax to their renters, in most cases, tourists.

About 50% of the tax proceeds are allocated to Bradenton Area Convention and Visitors Bureau tourism marketing efforts, with 20% allocated to beach renourishment. The tax also funds tourism-related attractions such as the Bradenton Beach and Anna Maria piers.

Manatee County totals include Anna Maria Island cities, Bradenton, the portion of Longboat Key within Manatee County, unincorporated Manatee County and Palmetto.

Parking remains closed in Holmes Beach

Parking remains closed in Holmes Beach

HOLMES BEACH – Beach parking may be opening to visitors but in Holmes Beach, beach access, side of street and right of way parking remain closed to drivers.

Drivers who illegally park their vehicles may return to find them towed or ticketed. Holmes Beach police officers are regularly patrolling city streets to enforce the parking regulations.

Once the COVID-19 pandemic passes and parking is reopened in the city, visitors and residents will notice some major changes. During an April 28 virtual commission meeting, Chief Bill Tokajer presented a plan to open only the spaces needed for beach renourishment funding and leave much of the city’s parking closed, reducing parking by about 2,000 spaces.

Tokajer said the city is required to have 364 parking spaces available to the public for beach renourishment. In the city’s beach access points, there are 473 public parking spaces available. When the pandemic threat is over, Tokajer said he plans to only open those 473 beach access spaces, which don’t affect residents, and leave right of way and side of the street parking closed on all roads on the west side of the city.

From 28th to 38th streets in the south of the city, parking on the side of the street and right of way will remain closed from East Bay/Gulf Drive west to the beach. From the public beach at Manatee Avenue to 52nd Street, parking will be closed west of Gulf Drive except at beach accesses. In the rest of the city, side of the street and right of way parking will remain closed on all streets west of Marina/Palm Drive north to the Anna Maria city border. Once the new regulations are put into effect, Tokajer said his officers would monitor the situation to see if adjustments need to be made. He said the new regulations hopefully will ease beach parking and reduce traffic in residential areas.

Jayne Christensen, former chair of the city’s congestion committee, said that she’s “100% behind it,” and that the reduction in street parking in residential neighborhoods was exactly what her committee was working for.

“Thank you for doing this,” she said to commissioners.

“This is just a wonderful, big step to bringing balance back to the Island,” Commissioner Carol Soustek said.

Commissioners Pat Morton, Kim Rash, Jim Kihm and Terry Schaefer all agreed that they are behind enforcing the permanent reduction in parking.

“I think it’s a great idea,” Kihm said, adding that if any visitors to the Island want beach parking, they’d better plan to come out early.

Tokajer said he’s already ordered signs to be put up in anticipation of reopening the street end beach access parking and the removal of the no parking banners currently placed throughout the city. He added that the parking measures would not affect service workers, such as landscapers who are working at a residential property, from parking on the side of the street.

Another parking change that surprised even city leaders came when the Florida Department of Transportation, in conjunction with the county administrator’s office, put up signs on the south side of Manatee Avenue, prohibiting overflow parking from the Kingfish Boat Ramp.

In her May 1 report on the status of the city, Mayor Judy Titsworth said that FDOT gave Tokajer permission to cover the no parking signs across from Kingfish with bags. She added that the city will work with FDOT to come up with a safer, designated parking area for overflow parking for the boat ramp. During that time, however, the historic overflow parking on Manatee Avenue remains open to boaters.

Related coverage

 

What to expect on Monday at the beaches

 

Boaters outnumber beachgoers in Holmes Beach

 

Holmes Beach parking closed for beachgoers

WMFR logo

WMFR commissioners discuss assessment increase

BRADENTON – West Manatee Fire Rescue commissioners held their first budget meeting of the year on April 21 and the hot topic was whether to raise the assessment rates for commercial and residential property owners in the district.

WMFR has a non-ad valorem assessment rate, meaning the rate is tied to the size of the building on the property instead of the property value, which is used to determine property taxes. The amount the district can raise assessment rates each year is capped by personal income growth, a five-year rolling number used to estimate increases in taxpayer income.

At the end of the meeting, commissioners were considering three different options – a zero increase, a 2.6% increase and a 4% increase in assessment rates. An option to increase to the allowable limit of 5.46% was deemed too high by commissioners and dismissed. Commissioners will vote at their May meeting to determine the assessment rate for the 2020-21 fiscal year.

At a zero increase, the district would be operating at a loss for the coming year, requiring the use of $189,436 in reserves on top of the estimated $7,285,989 in revenue from property assessments. This would keep the residential base rate at $190.57 plus $0.1124 per square foot over 1,000 square feet and the commercial base rate at $473.62 plus $0.2051 per square foot over 1,000 square feet. At current rates, the full assessment on a 2,000-square-foot residential home is $302.97. The rate for a commercial building of the same size is $678.72.

The second option, a 2.6% increase in the assessment rate, would be the break-even point for the district, requiring no spending from reserves and bringing the total revenue from assessments up to $7,475,424. Under this plan, the assessment rate for a 2,000-square-foot home would be $310.85 and $696.37 for a 2,000-square-foot commercial building.

The third option, a 4% increase, is the one that was recommended by Chief Ben Rigney and the largest assessment rate increase being considered by commissioners. Under the 4% increase, commissioners would have an additional $291,440 in operating funds and would be able to add $102,004 to the district’s reserves to be used in case of an emergency. Reserve funds also are used to save for new equipment, such as a new fire truck, and to float the district’s operating expenses in the early months of the fiscal year before assessment rate funds are received. Under this increase, a residential property owner with a 2,000-square-foot home would pay $315.09 in total assessments to the fire district while a commercial property owner with a 2,000-square-foot building would pay $705.87.

Due to the expected economic downturn as a result of the COVID-19 pandemic, commissioners expressed concern that increasing the assessment rate at all could be a burden on property owners but also, that if rates aren’t increased this year and the personal income growth number goes down next year, the district might have more than one fiscal year where it operates at a loss.

Commissioner Al Robinson said he’s concerned about the burden on taxpayers if assessment rates are increased and then the district has a significant rollover from the current fiscal year. He asked staff to look into the past five years of financials to see what the rollover amount typically is for the district. WMFR is currently at the halfway mark at six months in the current fiscal year.

For the 2020-21 fiscal year, beginning Sept. 30, Rigney said that he expects operating expenses to increase $188,653, including required raises for staff and anticipated increases in insurance and other benefits, along with expenses to set up the planned new administration building. He said he expects an increase in operating expenses of $221,009 for the 2021-22 fiscal year, which is also a negotiating year for the firefighter’s union.

After the expenses for a new fire truck expected to arrive in the coming weeks, Rigney said he doesn’t anticipate any additional large expenditures for equipment in the next two to three years or more.

Commissioners are expected to vote on whether to increase the assessment rate for the coming fiscal year during their May 19 meeting.

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Commissioners consider plans for new building

Commissioners consider plans for new building

BRADENTON – A lot has been purchased, an architect selected and now the first rendering is in for the design of West Manatee Fire Rescue’s new administration building.

The design, created by architects at the Hall Darling Design Studio, tops out at 3,879 square feet and contains office and storage spaces for the fire district’s staff, a kitchen and restroom facilities and a meeting room with a separate entrance that is hardened to survive a Category 5 storm.

Chief Ben Rigney presented the design to commissioners, saying it meets the district’s goals of having a smaller administration building. He added that the quote of $1,469,708 to build the structure falls within budget for the building and keeps the district out of debt, while the hardened meeting room gives the district a base of operations in case of a hurricane. The previous administration building, which was sold more than a year ago, was 11,200 square feet in size.

Rigney said he feels comfortable the district can pay for the construction of the building without borrowing funds using reserve funds and impact fees. He said an official not-to-exceed amount for the project is expected from the architects by August for commissioners to consider. If they agree to move forward with the project, he said the building could be ready to occupy by the middle of 2021. During the April 21 meeting, Rigney said he was looking for direction from commissioners to move forward with the proposed design and floorplan.

Commissioner Randy Cooper, who serves as the board’s liaison on the administration building project, said that while the floorplan as presented is a compromise, it’s one of the best he’s seen within the district’s budget.

While commissioners agreed they liked the proposed design, where they varied was in how to pay for the project.

Though Rigney said the district has the funds to pay for the construction project outright, Commissioner David Bishop said that with the current economic climate and drop in interest rates it might be more beneficial to borrow the funds and save the reserve funds that would be used to finance the building.

“Amen,” Commissioner Al Robinson said, agreeing with Bishop. “I’m in the amen corner on borrowing the money.”

While Commissioner Larry Jennis said he wouldn’t be opposed to borrowing the funds, Commissioner George Harris said he doesn’t see a reason for it when the district already has the money available. He added that with the effects of statewide shutdowns due to COVID-19 precautions, the economy may experience a downturn which could potentially lower the district’s construction costs.

Robinson said he’s still not in favor of constructing a new administration building due to the cost and that he would like to continue looking for a pre-existing structure in the district to purchase.

Rigney said the total cost of the building plus fees and the purchase of the property is expected to come in around $1.8-1.9 million dollars.

“This is absurd,” Robinson said. “This is ludicrous.”

Bishop said that while it does seem expensive, for a municipal building that has the amenities the fire district needs, including the hardening, he thinks the pricing is good.

Jennis agreed with Bishop, adding that what the district wants, a building that would survive a strong hurricane and still be usable, is a “specialty thing. It’s not a generic building.”

Cooper said he would work with Rigney to judge the feasibility of borrowing the funds for the project and bring options back to his fellow commissioners at an upcoming meeting.

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Holmes Beach logo OLD

Commissioners give relief to local businesses

HOLMES BEACH – Commissioners agreed during an April 28 virtual work session to do away with the fees associated with the city’s business tax receipt program, but only for the coming fiscal year.

Commissioner Terry Schaefer brought the issue to his fellow commissioners’ attention as a way to offer some financial relief to businesses that might be struggling due to COVID-19 closures. Schaefer said he’d like to give the business owners a break on the BTR, which was set to increase by 5% when renewals are due in the fall.

“It’s an effort on behalf of the city to work with our businesses,” Schaefer said, adding that if nothing else, it shows that the city’s leaders recognize the financial hardship that business owners are currently operating under.

He did not suggest doing away with the increase, which is now planned to go into effect for fiscal year 2021-22.

The city brings in about $45,000 in revenue from the BTR program. The 5% increase was approved to help cover more of the costs of administering the program. The work is done by the city clerk’s office to record, issue and renew the city’s BTRs.

City Attorney Patricia Petruff said that she would draft an ordinance for discussion at a future work session that requires business owners to file for new BTRs and renewals without having to pay the associated fee.

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The Center receives financial help

The Center receives financial help

ANNA MARIA ISLAND – The Center of Anna Maria Island’s finances are turning around thanks to support from dozens of donors over a few days.

In a May 2 letter, Executive Director Chris Culhane said the week ended with more than $91,000 in donations, helping to quickly reopen The Center’s doors when COVID-19 restrictions are lifted without sacrificing programming.

“The Board of Directors, the staff and I are blown away and beyond grateful,” Culhane said in the letter. “I would like to personally thank each and every one of you for The Center’s continued success.”

During the week of April 27, The Center participated in the Giving Partner Challenge, finished the Carter Challenge, had the Melancon Challenge and received a donation from the city of Holmes Beach.

The Giving Challenge offered a dollar-for-dollar match on funds donated between $25 and $100 over a 24-hour period through the challenge website. The challenge took place from noon on April 29 to noon on April 30. At the end of the challenge, The Center came in at 38 out of 678 participating area nonprofits with $76,938 in donations and $14,108 in matching funds to end the day at $91,046. The Melancon Challenge, created by Holmes Beach residents Mary Catherine and Mark Melancon, matched donations received through the Giving Challenge up to $10,000.

The Carter Challenge, created by Anna Maria residents Bob and Carol Carter, ended at the same time as the Giving Challenge but matched donations of $1,000 or more given directly to The Center up to $10,000. The ladies of the Roser Church Women’s Guild stepped up and donated $1,100 to The Center during the Carter Challenge on April 30.

On April 28, Holmes Beach commissioners voted four to one, with Commissioner Jim Kihm dissenting, to donate $22,500 to The Center for the 2019-20 fiscal year. The amount is the city’s budgeted customary annual donation to the nonprofit.

During the virtual meeting, Culhane spoke on The Center’s behalf, stating that the nonprofit typically needs $200,000 to make up revenue shortfalls from July through December. Before the COVID-19 crisis, which forced the nonprofit to shut its doors to the community in March, Culhane said it was estimated that The Center would end its fiscal year June 30 with $190,000 in the bank. With the loss of memberships, fundraisers and other programming, he told city commissioners that the new estimate is to end the year with $40,000-50,000, far short of the needed funds.

Now, with the funds raised through the various challenges, city donation and the anticipated receipt in a few months of a $150,000 donation from the estate of a private donor who passed away, The Center should be on good financial footing entering the 2020-21 fiscal year July 1.

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Reel Time: The cobia

Reel Time: The cobia

As local water temperatures fluctuate between seasons in the spring and fall, savvy anglers know to start looking for cobia in area waters.

Often mistaken for sharks whose shapes and coloration they resemble, cobia are long and streamlined with a broad, flattened head. Their upper body is brown with a dark lateral line that extends through the eye to the tail. The brown fades to white on the belly.

Cobia range up to 6 feet in length and can weigh more than 100 pounds. While most anglers target cobia in the Gulf, cobia range widely throughout local bays as well, particularly near local passes. They spawn in the spring and early summer and feed on crabs, small fish and squid.

Several changes to the management of cobia in state waters in the Gulf of Mexico went into effect Feb. 1. These changes were approved at the Florida Fish and Wildlife Conservation Commission (FWC) meeting last December.

The changes strive to enhance sustainable management of this fishery and were developed in coordination with anglers, charter captains and the Coastal Conservation Association, which had expressed concern about the fishery. The changes will apply to all state waters north of the Monroe-Collier county line. Those changes include:

  • Making the recreational and commercial bag limits for cobia in Gulf state waters the same by reducing the commercial limit from two to one fish per person.
  • Reducing the recreational and commercial vessel limit in Gulf state waters from six to two cobia per vessel, per day. The 33-inch minimum size limit changed to 36-inch fork measurement in March.

Cobia have a way of surprising anglers, so it’s wise to have a rig ready should you encounter one.

Fly anglers who target cobia opt for at least a 10-weight outfit, although it’s possible to land smaller cobia on lighter outfits. A favorite fly is a black bunny tied to resemble a small eel, one of their favorite foods. Anglers fishing conventional tackle most often use live baitfish and live crabs, another of their favorite foods. Cobia will also hit a variety of plugs and lures that imitate baitfish.

This is the beginning of tarpon season and anglers targeting tarpon should be on the alert for cruising cobia. Last week AMI Outfitters owner Steve Traves anchored his boat and jumped on my bow (following social distancing guidelines) on a sand bar bordering Tampa Bay. It wasn’t long before I spotted a cruising stingray with a nice cobia riding his back. Cobia use rays as camouflage darting off them to eat prey that rays spook. After positioning the boat ahead of the ray, Traves made a cast that landed just in front of the ray. He then stripped it to intercept the two fish and the cobia rushed over and ate the fly. Unfortunately, the cobia came straight at the boat and Traves was unable to set the hook.

Later that day I was anchored up along another edge when a manatee came cruising down the bar with a 30-pound plus cobia “glued” to his back. I made a cast to intercept the cobia but hooked the manatee instead. Fortunately, I was able to pull my anchor and get in front of the manatee, freeing my fly. I was able to get several casts to the cobia but this one wasn’t interested in eating.

Captain Justin Moore has been seeing cobia while tarpon fishing and advises anglers to pay attention to any floating objects like flotsam and buoys as well as structure including markers and artificial reefs. Cobia are a worthy adversary for local anglers. They can show unexpectedly and be hard to target but put up a terrific battle and the smaller ones make great table fare.

Vacation rental owner issues plea to mayor

Vacation rental owner issues plea to mayor

ANNA MARIA – Vacation rental owner Carolyn Hodgson is among those who are upset that vacation rental operations are still prohibited in Florida because of the coronavirus (COVID-19) pandemic.

Gov. Ron DeSantis’ phase one plans to reopen Florida’s economy took effect Monday according to Executive Order 20-112. Regarding vacation rentals, that order says, “The prohibition on vacation rentals in Executive Order 20-87 remains in effect for the duration of the new order.”

That order, issued on March 27 by DeSantis, states “I hereby order all parties engaged in rental of vacation rental properties to suspend vacation rental operations. Vacation rentals are prohibited from making new reservations or bookings and shall not accept new guests for check-in for the duration of this order.”

“It is devastating me personally and financially not being able to safely rent my home and cover my expenses to do so.” – Carolyn Hodgson, vacation rental owner

DeSantis’ original order excludes hotels, motels, inns, resorts, non-transient public lodging establishments, timeshares and long-term rentals of 30 days or more.

Two days earlier, Anna Maria Mayor Dan Murphy had enacted a local emergency order prohibiting vacation rental companies from accepting new reservations through June 30.

During an emergency city commission meeting on Friday, May 1, the commission took no additional action regarding any existing or additional local vacation rental orders. When asked if his local rental reservations order remained in effect, Murphy said the governor’s reopening plan order overrules it.

Hodgson’s plea

Hodgson is the president and CEO of the Minnesota-based Freight Dynamic shipping company. She emailed Murphy Friday evening and copied DeSantis, Manatee County Commissioner Steve Jonsson and all five Anna Maria commissioners on her “Urgent critical message regarding short-term rental in Florida.”

Hodgson’s email notes she invested in two vacation rental homes in Anna Maria. One is on South Bay Boulevard and the other is on Elm Avenue.

“The only way I can afford them is to rent them out short-term,” she wrote.

Hodgson’s email notes she follows the city’s vacation rental guidelines, pays state and local taxes, pays annual licensing fees and pays “many thousands of dollars” in property taxes.

“My monthly mortgage and escrow is nearly $20,000. I have invested over $3 million in property in Anna Maria. It is devastating me personally and financially not being able to safely rent my home and cover my expenses to do so,” Hodgson wrote

Her email notes short-term rentals generate substantial revenues for local restaurants, retail shops, fishing charters and many other businesses.

“This statewide order from the governor cannot be modified and/or made less stringent by either the Anna Maria Commission or myself for the period of time that it may be in force.” – Dan Murphy, Anna Maria mayor

It also says, “You are putting the owners into grave financial recessions. I am asking you from the bottom of my heart, stop prohibiting short-term rental in Anna Maria. You will end up with foreclosures, abandoned homes, angry renters who will never come back and angry homeowners who invested in your town to be individually vilified.”

“Losing March, April and May will result in devastating losses. Adding June or July is toxic and extremely unfair. People will petition, they will protest and rally against the commissioners and governor and it will not bring you the kind of publicity you want or need. The vacation rental management companies will file a lawsuit against the city and state government. Their businesses are being destroyed by this prejudice and extreme unfairness and unwillingness to hear us out and let us make short-term renting safe and available. At least give us a chance to show you. If not, be prepared to reimburse us for our staggering losses and watch the city fall apart from it,” Hodgson wrote in conclusion.

Mayor’s response

On Saturday, Murphy responded to Hodgson and copied those who received her email.

“The city of Anna Maria is currently under the Governor of Florida’s Order 20-112. This statewide order from the governor cannot be modified and/or made less stringent by either the Anna Maria Commission or myself for the period of time that it may be in force. Nor would the city commission or myself choose to lessen its impact,” Murphy wrote.

“We appreciate the courage our Governor has shown in issuing this order, as it is designed to protect human life, limit the spread of COVID-19 virus and is in the best interests and safety of our residents, your clients, our visitors and the general public,” Murphy wrote.

“In view of hurricanes, red tide and possible economic downturns, vacation rental investments have always been considered high risk/high reward. While I certainly can sympathize with the negative impact this pandemic has had upon your personal business ventures in our city, the governor’s actions are designed to protect human life. I am certain you would agree that human life is more important than your next monthly mortgage and escrow payment on your vacation rental investment properties,” Murphy wrote.

In his response, Murphy said threats of lawsuits, protests, rallies and reimbursement should not prevent any elected official from protecting human life and acting in the best interests of public safety.

“These are indeed difficult times and require courage along with difficult decisions,” Murphy wrote.

More details emerge on COVID-19 nursing home deaths

More details emerge on COVID-19 nursing home deaths

MANATEE COUNTY – The Braden River Rehabilitation Center and the Riviera Palms Rehabilitation Center rank among the highest in Florida in COVID-19 deaths at nursing homes and assisted living facilities.

As of Sunday evening, there were 34 reported COVID-19 deaths among residents or staff members at nursing homes, assisted living facilities and other long-term care facilities (LTCF) in Manatee County, according to the Florida Department of Health (FDOH) daily data report.

According to data compiled from two additional FDOH reports, the Braden River Rehabilitation Center nursing home in Bradenton reported 13 resident deaths, one staff member death, 31 facility residents who tested positive for COVID-19, 11 residents who tested positive and were transferred elsewhere and 30 staff members who tested positive.

The Riviera Palms Rehabilitation Center nursing home in Palmetto reported nine resident deaths, no staff member deaths, 20 COVID-19-positive residents, 15 positive residents transferred elsewhere and 10 positive staff members.

More details emerge on COVID-19 nursing home deaths
As of Sunday, the Riviera Palms Rehabilitation Center reported nine residents have died after testing positive for COVID-19. – Joe Hendricks | Sun

As of Sunday, those two facilities reported 23 of the 59 COVID-19 deaths (39%) in Manatee County. Braden River Rehabilitation Center and two other facilities in Florida rank highest in the state; Riviera Palms Rehabilitation Center and two other facilities rank third-highest in the state.

Manatee County has consistently ranked fourth-highest in the state in LTCF cases and deaths, with only Miami-Dade, Broward and Palm Beach counties reporting more.

On Tuesday, April 21, Dr. Jennifer Bencie, of the Florida Department of Health in Manatee County, told county commissioners about two nursing homes owned by the same company and reporting a total of 103 COVID-19 cases among their residents and staff members.

Bencie said some staff members worked at both facilities and some also worked at other facilities where residents and/or staff members tested positive.

“We need to keep an eye on the staff. They’re the ones who are bringing it in,” Bencie said.

More details emerge on COVID-19 nursing home deaths
Public health officials have expressed concerns about nursing home employees transmitting COVID-19 to facility residents, co-workers and the public. – Joe Hendricks | Sun

Bencie did not identify the two facilities that shared ownership, but Braden River Rehabilitation Center and Riviera Palms Rehabilitation Center are owned by LLCs that share the same mailing address and registered agent.

Additional LTCF deaths and cases

As of Sunday, the Casa Mora Rehabilitation and Extended Care nursing home in Bradenton reported three resident deaths, no staff member deaths, nine positive residents, three transferred positive residents and five positive staff members.

The Manatee Springs Rehabilitation and Nursing Center nursing home in Bradenton reported two resident deaths, eight positive residents and 12 positive staff members.

The Brookdale Bradenton Gardens assisted living facility in Bradenton reported one resident death, five positive residents, five transferred positive residents and no positive staff members.

The Bradenton Health Care nursing home on Cortez Road in Bradenton reported no COVID-19 related deaths, nine transferred positive residents and 11 positive staff members.

The Life Care Center of Sarasota nursing home in north Sarasota reported one COVID-19-positive staff member.

The Neuro Restorative Florida assisted living facility in north Sarasota reported one positive staff member.

The Residence at Bay Vue assisted living facility in Bradenton reported two positive staff members.

The Surrey Place Healthcare and Rehabilitation nursing home in Bradenton reported one transferred COVID-19-positive resident.

The Westminster Point Pleasant nursing home in Bradenton reported one transferred positive resident.

Reporting complexities

The FDOH daily data reports that exceed 550 pages now only list by county the number of COVID-19 LTCF deaths. Those reports previously listed deaths and cases together.

Separate reports pertaining to LTCF deaths and LTCF cases are now posted at www.floridahealthcovid19.gov at the bottom of the home page. In the LTCF death reports, facilities are listed according to the number of deaths with no reference to location. LTCF case reports are listed according to county with no reference to deaths.

Depending on when those reports are published, the data contained in the LTCF reports may not exactly match the number of LTCF deaths listed in the daily data report.

The formatting and the details included in the LTCF reports has changed continually since the first COVID-19-positive LTCF list was published on April 18. The early LTCF lists only reported by county the facilities reporting COVID-19 cases among residents and/or staff members. No other details were provided.

Nursing home and assisted living facility deaths are also listed in the COVID data reports compiled regularly by the 22 district medical examiners in Florida, but those reports are not available to the media or the public.

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