MANATEE COUNTY – The Palma Sola Causeway is part of the Florida Department of Transportation (FDOT)-designated scenic highway that stretches from 75th Street W. and Manatee Avenue in Bradenton to Manatee Beach in Holmes Beach.
Designated scenic highways have a defined set of rules regulating commercial activity, yet on any given day, there are multiple personal watercraft rental operations openly advertising and operating their businesses along the causeway.
The rented watercraft include Yamaha WaveRunners, Sea-Doo and Kawasaki Jet Skis. The rental activities have become a concern for nearby residents; a concern for traditional brick-and-mortar personal watercraft rental companies; and a concern for the Palma Sola Scenic Highway Byway Organization and the organization’s vice chairperson, Ingrid McClellan.
On April 6, McClellan sent an email to Manatee County Sheriff Rick Wells, Bradenton Police Chief Josh Cramer, Bradenton Code Enforcement Manager Volker Reiss and Manatee County Code Enforcement Chief Tom Wooten.
McClellan’s email notes the Palma Sola Scenic Highway Byway Organization has been working to enhance that portion of the scenic highway since 2004.
Her email requests compliance and enforcement of the city of Bradenton’s sign regulations, the state of Florida’s right-of-way use regulations, and the outdoor advertising prohibitions set forth in the federal Highway Beautification Act.
McClellan’s email also referenced an FDOT encroachment brochure that lists the following prohibited uses of an FDOT-designated scenic highway: “Any use which interferes with the safety and efficiency of the road; display of advertising of any sort; solicitation, display or free distribution of any merchandise, goods, property or services.”
According to the FDOT brochure, “Regulation of activities occurring within the right of way is necessary to help prevent distractions to motorists; unsafe pedestrian movement within travel lanes; sudden stoppage or slowdown of traffic; rapid lane changing; increased vehicular accidents and motorist and pedestrian injuries and fatalities.”
According to the brochure, courts may impose a fine of up to $500 or imprisonment for up to 60 days, or both, for each offense, and local ordinances may impose additional fines.
In addition to FDOT, a patchwork of entities share jurisdiction of the causeway.
“The causeway is an intersection of one owner (FDOT) and three management clearances, depending on where you sit, literally, on the causeway,” Manatee County Director of Natural Resources Charlie Hunsicker explained in a July 9 email to the Sun.
According to Hunsicker, the state of Florida owns and manages the causeway. Manatee County operates and maintains the boat ramp and its parking lot to the south. Bradenton city limits encompass the entire causeway and law enforcement falls to the Bradenton Police Department.
The rental activities are most prevalent at the east end of the causeway, but there are also some concerns about commercial activity taking place at the county-controlled portion of the causeway area farther to the west.
“Manatee is allowed to utilize this state-owned property under a formal lease agreement for the boat ramp and parking area with FDOT,” Hunsicker stated in his email. “Manatee County is aware of unpermitted commercial uses of the Palma Sola boat ramp and is considering means to address that within the boundaries of the ramp and parking lot, which we maintain under our FDOT lease.”
RESIDENT’S CONCERNS
Flamingo Cay resident Keith Burchett recently emailed multiple city, county and state officials as part of his email campaign aimed at stopping the commercial activity occurring near his home.
Burchett said he feels that when a citizen takes the time to write to their local leaders, those leaders should provide a response — and, if necessary, direct the resident to the people and agencies that can help address the concerns.
“Overall, my involvement in correcting things on the causeway has failed,” Burchett stated in a July 9 email to The Sun.
Burchett recently emailed the city of Bradenton regarding his concerns about local enforcement of the sign regulations applicable to the causeway business activities. He shared with the Sun the email he received from Bradenton Public Information Manager Tiffany Shadick. “The city does enforce its sign regulations on the causeway. Code compliance addresses sign violations as they are identified, including prohibited signs that do not comply with city regulations,” Shadick stated in her email to Burchett.
“The city currently has a code enforcement officer assigned to work one weekend day. The division does not routinely operate during overnight hours. As you have noted through your outreach to various agencies, the causeway involves multiple jurisdictions and agencies, each with differing responsibilities and authority. The city continues to coordinate with the appropriate parties as issues arise,” she stated in her email.
Regarding the Fourth of July activities, Burchett wrote, “Traffic was backed up, the horse trailers posted signs saying their spaces have been reserved. The sign ordinances were all ignored by the jet ski vendors and code compliance.”
He also stated some of the rented watercraft were driven “with abandon.”
“I think the causeway will continue to be the butt of jokes and nothing will be done. The bottom line is the causeway will continue to decline,” he wrote.
BUSINESS OWNERS’ CONCERNS
Bill Diggens operates Anna Maria Jet Skis from Parrot Cove Marina in Cortez, and he questions why public property is being allowed for use by commercial ventures.
“The city is allowing this to transpire,” Diggens said. “Why is there so much protection for these guys?”
He said his business is fully insured, which protects not only him but also the owner of the marina he launches from.
“My insurance is astronomical and difficult to obtain. We carry a million-dollar policy,” Diggens said. “If somebody gets hurt over there, they’ll come after the city or the county because they allowed it to happen.”
Diggens said a personal guide is sent out with anyone who rents a jet ski from him, and riders must follow that guide for safety reasons and to ensure protection of environmentally sensitive areas.
“How do you compete with someone that doesn’t pay rent?” Diggens asked.
He estimated his business has gone down by at least 60% in the past year.
“If we were doing 15 a day, with 12 competing companies now we’re down to nothing,” Diggens said.
“The jet ski industry has really taken a tank for brick-and-mortar businesses,” John Cadmus, owner of Cortez Watersports, said. “The causeway has become a carnival, and the county has allowed it.”
“They get the best real estate in Manatee County to operate their business from and do not pay rent. They leave trash and they take over the same spot consistently day after day. You can’t even use that boat ramp because people just park in it. They think it’s theirs after a certain period,” Cadmus said.
“They’ve been notified by the scenic highway people that they’re breaking federal law, they’re breaking city law and they’re breaking county law. And they’re still allowed to continue to operate,” Cadmus said.
