BRADENTON BEACH – Drift-In bar owner Derek Williams denied filing a complaint with the Florida Department of Environmental Protection (FDEP) about the Anna Maria Oyster Bar’s (AMOB) outdoor tiki structures.
During public comment at the Sept. 4 Bradenton Beach City Commission meeting, Williams criticized City Attorney Ricinda Perry for allegedly telling someone he filed the FDEP complaint.
“I had a local merchant come to me in the last week and tell me Ms. Perry had spoken directly to the owner and the manager of the business and informed them that I had personally reported them for certain legal issues, which I’m 1,000% sure I did not do,” Williams said. “I’m a small business owner trying to do business, trying to rally businesses and be positive in this community. I really don’t appreciate it. I got direct phone calls from those people; they doubled down and verified it was Ricinda. I’m sure she won’t look me in the eye.”
“I’m absolutely happy to look you in the eye,” Perry said.
“It’s unfortunate; and it still feels to me that big business wants to come in and push out small business. These people are all trying to do the right thing, as am I, so feel free to respond to me,” Williams said.
“This is not a back and forth. This is public comment,” Mayor John Chappie said.
“You tell me the appropriate venue for us to have a conversation,” Williams answered. “I’m used to having conversations, not having these ridiculous spats and pointing fingers back and forth. That’s unsettling to me.”
Williams left the meeting prior to the agenda item discussion about the city’s sovereign submerged land lease for the state-owned land under and around the Bradenton Beach Pier, which is adjacent to the city-owned building at 200 Bridge Street AMOB leases from the city. Earlier this year, three small tiki structures were constructed over the outdoor dining tables along the south side of AMOB’s outdoor dining area.
“I was advised that a complaint was filed with the DEP by an individual from Drift-In because of the tiki roof (at AMOB) and they wondered if the city had gone through everything they were forced to go through,” Perry said.
On June 16, FDEP sent a letter to the city which read in part: “FDEP compliance team conducted an inspection on 5/27/2025 for a (sovereign submerged land) lease renewal. It was noted that added over-water structures were seen at that inspection. Tiki hut structures were added on the docking structures and the roof structures appear to hang beyond the docking structure footprint. These structures are non-water dependent and modified without authorization. Over-water dining is demonstrated on the lease survey in a specific location as ‘Covered Eating Area.’ At the time of the inspection, over-water dining appears to be occurring outside of that area.”
FDEP requested the city remove the added structures: “Remove modifications and return to pre-existing authorized conditions and footprint. If you would like to keep modifications, you would need to apply. Please note, the activities may not be permissible due to grandfathered activities,” the letter says.
The FDEP letter also stated, “As this new structure is not within the original survey that was previously authorized, the 2020 State Lands Lease is attached for your convenience. Once it is removed, provide photo documentation of the removal and move forward with the State Lands Lease renewal. If you would like to keep modifications, you would need to apply.”
Regarding the city’s response, Perry said “We had to pay for a submerged land survey, we have to go through the application process and we have to go through a temporary use permit through the FDEP and then go to the board of trustees to resolve the little thatched roofs that Mr. (John) Horne put on the railing. I relayed that information to Mr. Horne and I just wanted you to know I have that nearly resolved. They are planning in December to take our sovereign submerged land lease before the board of trustees to get it approved. “
Perry said she will make sure the county’s Gulf Islands Ferry water taxi operations are included in the submerged land lease too: “I’ve already had these discussions to have the ability to regulate vessels that come up and use the floating dock so we have some teeth behind what we say people can and cannot do in that area. That’s all going into the application.”
Perry said a previous city commission determined that if AMOB wanted to make the improvements and something was found that violated state or local law, AMOB would incur the cost of defending that.
“Mr. Horne has made a number of calls to FDEP in Tallahassee to assist me in trying to get this moving forward, however the city is going to be out the cost of the survey, which is required,” Perry said.
Perry said AMOB should pay for the survey, or reimburse the city for those costs, according to the conditions included in the city commission’s original approval.
Regarding the submerged land lease, Commissioner Ralph Cole asked if the city would have control over commercial boats using the city docks and using that as their business address.
“I don’t think the DEP would have an issue with that because the city of Bradenton Beach would own the submerged land lease,” Perry said. “Without an individual having some kind of lease on that property, they can’t claim that as their business address.”
Vice-Mayor Deborah Scaccianoce asked for clarification on the source of the complaint to FDEP.
“Someone complained to DEP about AMOB’s tikis to see if they had to go through the same hoops that the Drift-In had to go through?” Scaccianoce asked.
Scaccianoce was referring to the Drift-In tiki hut replacement approved by former Building Official Darin Cushing after the 2024 hurricanes. That project was placed on hold on Jan. 16 when Perry told city commissioners the permit approval should not have been issued based on factors that included city-owned easements on the property and the larger size of the new tiki structure.
“That’s what started this whole adventure with the submerged land leases?” Scaccianoce asked.
“John Horne asked me how did the DEP know and where did this come from? So, I asked the question and that’s what I was told,” Perry said.
Cole said the complaint could have come from anyone.
“They specifically referenced somebody from the Drift-In,” Perry said.
“There were a lot of customers and employees of the Drift that were very upset so it could have been anyone,” Scaccianoce said.
