BRADENTON – On April 8, Palma Sola Scenic Highway Byway Organization Vice Chairperson Ingrid McClellan sent a letter to several city, county and state officials alleging violations of city, county, state and federal laws and regulations regarding the commercial activities taking place along the Palma Sola Causeway, along Manatee Avenue/ State Road 64 in west Bradenton. The commercial activities include personal watercraft rentals, horseback rides and more.
In 2004, the Florida Department of Transportation (FDOT) designated that section of SR 64 as the Palma Sola Scenic Highway. The scenic highway designation also includes SR 789/East Bay Drive in Holmes Beach.
The Manatee County Property Appraiser website lists the “State of Florida Department of Transportation” as the owners of the causeway and right of ways located along the 8500 block of Manatee Avenue West/ SR 64.
When meeting with Manatee County officials last year, Holmes Beach officials were told the city of Bradenton is responsible for the enforcement of the commercial activities occurring along the causeway.
Since then, “We don’t want our beaches to look like the causeway” has become a common statement made by Holmes Beach and Anna Maria city officials when discussing the regulation of commercial activities on city-controlled public beaches on Anna Maria Island.
SCENIC HIGHWAY LETTER
The Palma Sola Scenic Highway organization’s letter includes the heading, “Rights of way uses compliance request on Palma Sola Causeway.”
The letter recipients included Manatee County Sheriff Rick Wells, Bradenton Police Chief Josh Cramer, Bradenton Code Enforcement Manager Volker Reiss, Bradenton Code Enforcement Chief Tom Wooten, Bradenton Mayor Gene Brown, Holmes Beach Mayor Judy Titsworth, Holmes Beach Police Chief Bill Tokajer, County Commissioner Tal Siddique and FDOT representatives Trisha Hartzell, Dean Stoddart and Darryl Richard.
The Palma Sola Scenic Highway Byway Organization’s letter requests the various agencies help ensure compliance with the city of Bradenton’s sign prohibitions, the state of Florida’s use of rights-of-way prohibitions and the federal code that addresses outdoor advertising on scenic highways.
“We have observed up to 17 businesses on the one mile of Palma Sola Causeway’s rights of way, which extends 500 feet into Palma Sola Bay north and south. These businesses have violations in prohibited signs/ advertising and use of state rights of way,” the letter says.
The letter alleges some causeway business operators are violating city, state and federal regulations.
“We ask for your help to enforce them,” the letter says.
Citing the city of Bradenton’s land use regulations, the letter questions the legality of the business signage placed along the causeway.
The letter also references the Florida Statute that regulates prohibited uses of the rights of way and says, “The FDOT encroachment brochure identifies the prohibited uses of the rights of way that include any use which interferes with the safety and efficiency of the road, display of advertising of any sort, solicitation including for charitable purposes, sale/display/free distribution of any merchandise, goods, property or services.
The letter says, “According to the Florida Scenic Highway Program Manual, once a highway has been designated, the policy on outdoor advertising signage must be complied with for designated Scenic Highway corridors. The policy precludes outdoor advertising on designated scenic highways/byways.”
McClellan said the only responses she received from the letter recipients came from Holmes Beach Mayor Judy Titsworth and Holmes Beach Police Chief Bill Tokajer.
In her email to McClellan, Titsworth wrote, “Thank you for this most appropriate demand letter. I appreciate the entire Scenic Highway Committee for taking action, as our many voiced concerns have fallen on deaf ears.”
BUSINESS OPERATORS’ PERSPECTIVE
On April 30, The Sun spoke with three personal watercraft rental operators at the causeway who preferred not to be named.
One operator noted the causeway is owned by the state of Florida.
Regarding their business signage, the business operators said Bradenton Code Enforcement officers regularly visit the area.
“They regulate the code which allows us to have an A-frame sign,” one operator said.
“And they told us this year we’re allowed to have the tents,” another operator said.
The business operators noted their rental operations require state-issued livery permits.
According to the Florida Fish and Wildlife Conservation Commission (FWC) website, “Liveries need a state-issued, no-cost livery operator permit if they are renting motorboats, personal watercraft, paddlecraft, sailboats or houseboats being operated on the waters of the state. Liveries that operate in Florida without a valid livery operator permit are in violation of Florida statutes, which is a first-degree misdemeanor subject to a $1,000 fine.”
Florida law requires livery permit holders to carry insurance coverage with a minimum of $500,000 per person and $1 million per incident.
State regulations require personal watercraft rental operators to provide their clients with a pre-rental and pre-ride instruction checklist and attestation form that addresses operator responsibilities, navigation rules and aids, waterway hazards, weather awareness and operating instructions. FWC’s pre-ride checklist contains specific personal watercraft safety requirements regarding personal flotation devices, the use of a kill switch, the minimum age to legally operate a personal watercraft (14 years old) and the minimum age to rent a personal watercraft (18 years old).
According to the FWC website, “These forms must be completed and signed by both the renter and instructor. The completed forms must be maintained by the livery for 90 days and must be made available to law enforcement upon request.
“Any person delivering pre-rental or pre-ride instructions must have successfully completed a boating safety education course approved by the National Association of State Boating Law Administrators and the state of Florida. Proof of completion must be maintained at the rental/business location.”
COUNTY INSIGHTS
The Sun also sought insight from Manatee County Natural Resources Director Charlie Hunsicker.
“The causeway is an intersection of one owner and three management clearances depending on where you sit, literally, on the causeway. The state of Florida owns and manages the entire causeway. Manatee County operates and maintains the boat ramp and the boat ramp parking lot on the south side of the causeway and the public restroom, shelters and associated parking lots on the north side of the causeway (at Palma Sola Causeway Park),” Hunsicker stated in an email to The Sun.
“Manatee is allowed to utilize this state-owned property under a formal lease agreement for the boat ramp and parking area with FDOT. The existing restroom and picnic table area are also operated and maintained at FDOT consent.
Manatee County is aware of unpermitted commercial uses of the Palma Sola Causeway Boat Ramp and are considering means to address that within the boundaries of the ramp and parking lot which we maintain under our FDOT lease,” Hunsicker wrote.
“FDOT carries continuous concerns over traffic safety, speeds and problems associated with random and uncontrolled automobile entry and exit from the causeway on to the state road and the wear and tear on the state highway road pavement edges and shoulders.
The city of Bradenton city limits encompass the entire causeway and any business or commercial use on either side of the causeway is subject to approval by the city of Bradenton,” Hunsicker wrote.
