HOLMES BEACH – City leaders and residents are making last-minute attempts to get the attention of Gov. Ron DeSantis before he makes a decision on the future of a bill allowing a multi-level parking garage to be built at Manatee Beach contrary to city regulations.
After passing both the Florida House and Senate with unanimous votes of the members in attendance, the bill stalled for over a month before being presented to the governor for consideration. As of press time for The Sun, DeSantis had not signed or vetoed the bill.
The bill, HB 947, was presented to state legislators by Rep. Will Robinson Jr. during the Florida legislative session that ended in May. The bill came at the request of Manatee County commissioners, primarily commission Chair Kevin Van Ostenbridge, to build a three-story parking garage with parking on the roof at Manatee Beach. If built, Van Ostenbridge said the garage is planned to span the entirety of the county’s buildable land at the public beach and be able to house 1,500-1,700 vehicles with paid parking estimated at $2 per hour. To accommodate the garage, all of the existing facilities at the beach, including the concession stand, restrooms and retail, would be removed, along with trees at the property. The concession, restroom and retail facilities would be rebuilt as a part of the new garage. Construction on the project is estimated to cost $45 million and take at least two years to complete during which parking and facilities at the beach would be unavailable to the public.
Currently, there are more than 400 free parking spaces available to the public at Manatee Beach with hundreds more available in auxiliary on-street parking and at beach access points throughout the city.
Now that the bill has been officially presented to DeSantis, the governor has three options – sign it, veto it or ignore it. If he signs the bill, it becomes law upon gaining his signature. If he ignores it, the bill becomes law automatically on July 1. If he vetoes it, the bill goes back to the House and Senate for reconsideration during the next regular legislative session. If the bill passes both chambers with a three-quarters majority vote, it overrides the governor’s veto and the bill becomes law.
With the bill now up for consideration, concerned local residents, stakeholders and city leaders are appealing to DeSantis to veto the parking garage.
An effort among residents, called Paradise Lost, has sprung up to help bring awareness and mathematically-based reason to the parking garage discussion, led by Allan Levy of Perico Island. Levy, a professional analyst, studied the proposed project and says the construction of the garage would be catastrophic for traffic, causing backups to leave the beach of two hours or more during peak times. He also said that during these backups, traffic in and out of the garage would create a solid wall of vehicles that would be difficult to impossible for first responders, including fire trucks and ambulances to navigate through.
For more information on the effort, visit the group’s website.
There are also two petitions in circulation speaking out against the garage. One on Change.org had garnered over 6,300 signatures at press time for The Sun. Another petition on Manatee Citizens Taking Action has gained more than 2,800 signatures.
Holmes Beach Mayor Judy Titsworth also continues to speak out against the garage, taking to social media on June 15 to post a video directed to DeSantis asking him to veto the garage.
“This is an attack on home rule and a huge governmental overreach,” she said, adding that it would also potentially be the largest garage in the region. Titsworth also noted that the increase in traffic caused by the parking garage would be “a nightmare for first responders.”
During a June 13 meeting, she said that she walked the beach over the Memorial Day weekend, noting the crowds already gathered on the sand without adding another 1,000 parking spaces.
“It’s already umbrella-to-umbrella and shoulder-to-shoulder out there,” she said, adding that she’s not sure where on the sand the additional people would go to enjoy the beach.
Levy argues that congestion and beach capacity studies need to be done before a garage could be built. If the governor approves the bill, he said that he and others would be watching county leaders very closely to make sure that all required studies are completed before any permits are issued.
ANNA MARIA – City officials have decided not to create a designated food truck zone at the northwest end of Bayfront Park, nor will there be a designated food truck area at City Pier Park.
So far, an alternative location has not been proposed.
The Anna Maria City Commission voted 5-0 on Oct. 13 to deny on second reading the adoption of a city ordinance that would have created a designated food truck zone at Bayfront Park.
The city’s efforts to create a designated food truck zone are in response to a state law enacted by the Florida Legislature and Gov. Ron DeSantis in 2020. The state law preempts the regulation of food trucks and other mobile food dispensing vehicles to the state and prohibits local governments from enacting or maintaining outright bans on food trucks or requiring non-state-issued licenses, registrations, permits and fees for food truck operations.
In the past, the city of Anna Maria required food truck operators to acquire a special permit from the city, which is no longer allowed by the state.
When the creation of a designated food truck zone was first discussed on July 28, Mayor Dan Murphy said, “We’ve got to do something. The whole city is fair game until we do something.”
On Aug. 11, City Attorney Becky Vose presented the commission with the first reading of a city ordinance that proposed locating the designated food truck area at the far end of Bayfront Park, near the Hibiscus Street and North Shore Drive intersection.
The proposed food truck zone location at Bayfront Park was depicted in this map presented during the Aug. 11 meeting. – City of Anna Maria | Submitted
During that meeting, several residents and residential property owners expressed opposition to the proposed Bayfront Park location be- cause of its proximity to several residential properties. Some suggested the food truck zone be located at City Pier Park instead, which is home to the city’s seasonal farmers market, but the City Pier Park location never garnered any serious consideration from the mayor and commission.
The Oct. 13 food truck discussion began with Murphy noting that he and the commissioners had received numerous emails expressing opposition to the proposed Bayfront Park location.
“My recommendation is to deny adoption of this ordinance and then staff can reconsider this issue and we can take a look at other options as necessary at some point in the future without a definitive date,” he told the commission.
Murphy did not mention any alternative location for the city’s designated food truck zone. During previous discussions, Vose noted some Florida cities restrict food truck operations to specific zoning designations. Anna Maria’s commercial district (C-1) and retail/office/residential (ROR) both allow for restaurant operations.
In response to Murphy’s recommendation, Commissioner Deanie Sebring made a motion to deny the adoption of the proposed food truck ordinance.
Residential property owner Greg Raupp expressed his appreciation for the mayor and commission’s reconsideration of a previously discussed food truck ordinance. – Joe Hendricks | Sun
Having previously expressed their concerns in emails sent to the mayor and commissioners, potentially impacted property owners Greg Raupp and Robin Massey thanked the commission for responding to their concerns.
After thanking the commission for reconsidering the proposed ordinance, Raupp suggested doing an impact study if and when a new food truck ordinance is considered.
Robin Massey thanked the commission for rejecting the proposed ordinance. – Joe Hendricks | Sun
“I know that you guys really have a hard job. I cannot express how much I appreciate you listening. Thank you,” Massey told the commission.
In response to those comments, Commissioner Jon Crane said, “We very much appreciate hearing from the citizenry in emails and letters and coming to these meetings. It helps us perform our jobs. So, thank you.”
Sebring said she appreciated how many people voiced their opinions about the proposed food truck zone.
“I completely understand. This is the way it’s supposed to work. People actually came and voiced their opinion rather than sat home and got angry that it went through,” she said.
Commission Chair Carol Carter agreed, saying, “This was something the state said we had to make available for this type of business. We were as much taken back, initially, as all of you. We tried to work through it and we definitely need to rethink this.”
ANNA MARIA – The mayor and city commission are asking Gov. Ron DeSantis to veto Senate Bill 620, also referred to as the Local Business Protection Act.
The commission took this action when adopting City Resolution 22-777 on April 14. As of April 18, DeSantis had not yet signed SB 620 into law, nor had he vetoed the proposed legislation.
If signed into law, the Local Business Protection Act would authorize certain businesses to claim business damages from a county or municipality that enacts or amends certain ordinances or charter provisions that results in lost revenues.
The proposed state law was sponsored by Sen. Travis Hutson and supported by the majority of the Florida Senate and House of Representatives. Representing Manatee County, Sen. Jim Boyd and Rep. Will Robinson Jr. both voted in support of the legislation.
Senate Bill 620 proposes: “A private, for-profit business may claim business damages from a county or municipality if the county or municipality enacts or amends an ordinance or a charter provision that has or will cause a reduction of at least 15 percent of the business’ profit as applied on a per location basis of a business operated within the jurisdiction; and the business has engaged in lawful business in the jurisdiction for the three years preceding the enactment of or amendment to the ordinance or charter.”
According to the adopted city resolution first suggested by Commissioner Robert Kingan, “Senate Bill 620 allows businesses to threaten local governments with lawsuits paid for by taxpayers. Senate Bill 620 will lead to a number of financially motivated and malicious lawsuits, costing local governments millions annually because local governments will be forced to increase taxes or reduce services to cover legal fees. Senate Bill 620 would hinder the governing body at the local level and would overall be detrimental to communities. Senate Bill 620 can provide national companies with the ability to exploit the bill for their advantage against local ordinances.”
In closing, the city resolution says, “The city of Anna Maria hereby urges the Honorable Governor Ron DeSantis to veto Senate Bill 620.”
The city’s ongoing opposition efforts also include a request for concerned citizens to email DeSantis using form letters provided on the “Take Action” page at the Home Rule Florida website.
TALLAHASSEE – Florida residents age 40 and older will be eligible to receive the COVID-19 vaccine beginning on Monday, March 29, Gov. Ron DeSantis has announced. Those 18 and older will be eligible to receive the vaccine beginning Monday, April 5.
A press release issued Thursday afternoon by the Governor’s office encourages those who want to be vaccinated to register with the state or county they reside in.
Those aged 18 and over can enroll for the standby pool in Manatee County’s online registration system by going to vax.mymanatee.org or by calling the call center at 311.
According to the governor’s office, vaccines are also available at 150 CVS locations, 125 Walmart and Sam’s Club locations, more than 70 Winn-Dixie locations, 730 Publix pharmacies, and soon, more than 600 Walgreens pharmacies.
In his video message, DeSantis said, “Florida’s Seniors First vaccine strategy is paying off — more than 3.2 million seniors age 65 and older have received shots. We’ve been able to expand eligibility to those age 50 and above and we’ve seen additional success. Now because of this success, I am pleased to announce additional vaccine eligibility expansions.
“We have now vaccinated over 70% of the roughly 4.4 million seniors living in the state. We have also made great progress on those age 60 to 64 and those age 50 and older. And we are ready to take this step. If you look at the hospitalization and case rates for senior citizens, they have plummeted since the start of our Seniors First strategy. And we want to keep up that momentum as we expand eligibility to other age groups throughout the state of Florida. Florida continues to rank 41st in senior mortality per capita, with 40 states having higher mortality for COVID on a per capita basis than the state of Florida,” he said.
“We have made great progress and I look forward to continuing to work hard to make sure everyone in Florida who wants a shot can get a shot. No mandate, but access for all,” DeSantis said.
Manatee County vaccinations
During Tuesday’s Manatee County Commission meeting, Public Safety Director Jake Saur told the commission the county health department expects to receive and administer an average of 11,000 vaccines per week.
On Friday, the county issued a press release that stated Manatee County has begun scheduling 8,000 first dose COVID-19 vaccine appointments for next week for adults 40 and older at Tom Bennett Park and the Public Safety Center. The Public Safety Department and the Health Department in Manatee County will administer another 8,000 second-dose vaccines next week, as well.
According to the press release, as of March 25, nearly 86,058 patients have received at least a first dose of the vaccine through a Manatee County-operated vaccination site. Manatee County has contacted everyone 50 and up in their standby pool at least once and will begin vaccinating newly eligible patients 40 and over on Monday.
“Working closely with the Department of Health in Manatee County, we vaccinated those 50 and older who were registered in our standby pool very quickly,” Public Safety Director Jake Saur said in the press release. “It’s important for any adult who wants to receive a vaccination to enroll in our online registration system. There are far fewer people in the pool than one month ago and the wait to receive a call for an appointment is typically very short for someone who enrolls today.”
According to the county’s press release, among those 50-64 years old, there are fewer than 3,400 patients in the standby pool awaiting a first dose of the vaccine. There are 3,018 patients ages 40-49 in the standby pool and 3,622 who are under age 40. A total of 9,968 patients are currently in Manatee County’s standby vaccination pool. Next week the county will be attempting to contact roughly 7,000 enrolled numbers, mostly 65 and older patients, that have been unresponsive multiple times. If the county cannot contact those 7,000 numbers, they will be removed from the standby pool.
Manatee County COVID-19 vaccine appointment notifications will come from a number familiar to those already in the county’s standby pool: 941-742-4300. Those who enroll for text notifications will receive updates from 88911. Anyone enrolling in the county’s standby pool should program that number in their phones so the call does not appear as spam.
It is important to reply to the call or text as quickly as possible since appointments will go to those who respond promptly. After you select one of the options, you will receive a follow-up message by phone, text and/or email confirming your appointment date, time and location. Learn more about the process and view a brief video here
BRADENTON – Manatee County resident Jennifer Hamey filed a complaint with the Florida Commission on Ethics Tuesday regarding County Commissioner Vanessa Baugh’s recent role in organizing a pop-up COVID-19 vaccination distribution site in Lakewood Ranch.
Hamey, a local attorney, filed the ethics complaint one day after Sarasota paralegal Michael Barfield filed a sworn criminal complaint with 12th Judicial Circuit State Attorney Ed Brodsky’s office and the Manatee County Sheriff’s Office regarding Baugh’s participation in arranging the event and including herself and four friends on the vaccine list.
Hamey’s ethics complaint and Barfield’s criminal complaint are separate and independent actions that pertain to the same issues.
Ethics complaint
Taking place the week of Feb. 16 at the Premier Sports Campus in Lakewood Ranch, the pop-up clinic Baugh helped organize was limited to 3,000 recipients in the 34202 and 34211 zip codes only. As part of her organizational efforts, Baugh also submitted to Manatee County Public Safety Director Jacob Saur a list containing the names of five specific individuals, including herself, to be vaccinated.
As a result of the public fallout that ensued, Baugh later apologized to some degree for her actions and she said she chose not to receive the vaccine herself.
Baugh helped organize the Lakewood Ranch vaccination site in conjunction with Gov. Ron DeSantis and Lakewood Ranch developer Rex Jensen.
Manatee County issued a press release on Feb. 15 in which Baugh was quoted as saying, “This unique opportunity was made possible by Governor DeSantis calling (Schroeder-Manatee Ranch Inc. president) Rex Jensen wanting to do a vaccination site near Lakewood Ranch. The governor has been trying to find large areas of neighborhoods to target.’”
According to Baugh’s shortlist, which contained each person’s zip code, address, phone number and birthdate, two of the five people on that list – Rex Jensen and his father, Lawrence Jensen – do not live in the 34202 or 34211 zip codes. Baugh’s shortlist also included Lakewood Ranch residents Robert and Marie Keehn, who like Baugh, do live in the 34202 zip code.
The Lakewood Ranch pop-up vaccine site’s zip code restrictions were not in accordance with the randomized, lottery-based registration and standby pool protocols previously established by the Manatee County Commission, according to the ethics complaint.
Issues for consideration
Hamey’s ethics complaint lists two issues for consideration by the Commission on Ethics.
“Did respondent (Baugh) violate Florida Statute 112.313(6), Misuse of Public Position, by ignoring the county’s lottery system for the COVID-19 vaccine distribution and instead unilaterally picking two zip codes in her district to receive 3,000 additional vaccines issued by the state, to the detriment of all other Manatee County residents 65 and over who had signed up for the lottery system?”
“Did respondent violate Florida Statute 112.313(6), Misuse of Public Position, by putting herself and four friends onto a ‘VIP’ list provided to the county to ensure she received a vaccine from the extra doses provided by the state?”
Hamey’s complaint says Baugh was approached earlier this month by DeSantis with an offer to provide 3,000 additional vaccines for a pop-up vaccination site at the Premier Sports Campus.
To date, the county-administered vaccinations have generally occurred at Tom Bennett Park in east Manatee County and at the county’s public safety center.
Hamey’s complaint notes that the Premier Sports Campus is owned and operated as a Manatee County park.
“Respondent (Baugh), by her own admission as stated by her at a county work session on Feb. 18, took full responsibility for choosing the two zip code locations and advised she was not directed by the governor to do so. Both of these zip codes are located in her district, are predominantly white and have an average median income of over $100,000,” the complaint states. It also notes Baugh lives in the 34202 zip code and owns a business there as well.
The ethics complaint states, “Respondent (Baugh) further admits in her responses to correspondence from an angry resident that she ‘did have a lack of judgment.’ ”
Hamey’s complaint cites language contained in Florida Statute 112.313(6) that states, “No public officer shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties to secure a special privilege, benefit or exemption for himself, herself or others.”
The complaint also states, “The first instance of violating 112.313(6) occurred when respondent (Baugh) took it upon herself to determine what two zip codes were worthy to receive an additional 3,000 vaccines and chose two areas that were advantageous to her personally and to the detriment of the other 150,000 persons over the age of 65 who had done as directed and entered into a lottery system.
“Respondent used her position to advise the governor of her choices. She did so with no discussion with the other six commissioners, and she did so without any consideration to the very lottery system she (and the other commissioners) put into place for the residents of Manatee County to maintain fairness in the process,” according to the complaint.
“The second instance of violating 112.313(6) occurred just days after already excluding over 140,000 residents from a chance at the 3,000 vaccines – only 7,285 of the approximately 150,000 signed-up residents lived in 34202 or 34211. Respondent created a ‘VIP’ list to ensure that she and several friends and neighbors got vaccines out of those 3,000 that were provided by the state. Two of the parties that she listed on her ‘VIP’ list didn’t even live within the two zip codes that she chose as the ones to get the vaccine,” Hamey stated in her complaint.
“These actions taken by the respondent, separately and over the course of approximately a week, are a clear violation of the requirements outlined in 112.313(6),” the complaint states.
The ethics complaint is accompanied by several evidentiary exhibits, including the Monday, Feb. 15 email Baugh sent Saur that contained her list of five specified vaccine recipients.
The exhibits also include the Tuesday, Feb. 9, email Baugh sent Saur that said, “Jake, the state wants Rex to keep a list. Can we do that.”
In response, Saur wrote, “The state hasn’t mentioned anything to us on this end yet on what they require. We would be able to pull from our vaccine waiting pool for scheduling for them.”
Baugh remains commission chair
On Tuesday, the Manatee County Commission voted 4-3 in opposition to Commissioner Reggie Bellamy’s motion to remove Baugh as the commission chairperson. Bellamy’s motion did not seek to remove Baugh as a county commissioner, nor does the commission have that authority. Before making his motion, Bellamy asked Baugh if she would resign as commission chair. Baugh said she would not.
County Commissioner Reggie Bellamy unsuccessfully proposed removing Vanessa Baugh from her position as the county commission chairperson. – Joe Hendricks | Sun
Baugh was then joined by commissioners George Kruse, James Satcher and Kevin Van Ostenbridge in opposing her removal as chair. Commissioners Misty Servia and Carol Whitmore joined Bellamy in support of his failed motion.
MANATEE COUNTY – Manatee County Commissioner Vanessa Baugh’s role in the controversial Lakewood Ranch pop-up vaccination distribution site has prompted a sworn criminal complaint filed by Sarasota-based paralegal Michael Barfield.
Barfield filed his complaint Monday evening with 12th Judicial Circuit State Attorney Ed Brodsky’s office and also with the Manatee County Sheriff’s Office (MCSO). The complaint alleges Baugh’s vaccination-related efforts may have violated Florida law.
The sheriff’s office is now investigating Barfield’s complaint. When contacted by email on Tuesday, MCSO Public Information Officer Randy Warren said, “It’s an active investigation. Michael Barfield filed a complaint yesterday and our detectives are looking into it now.”
“Sometime near Tuesday, Feb. 9, Manatee County resident Rex Jensen received a telephone call from Pat Neal. Governor Ron DeSantis was already on the line when the call was made.” – Michael Barfield
In contrast to the randomized, lottery-style vaccine registration and standby pool protocols previously established by the Manatee County Commission, Baugh helped organize a pop-up vaccine distribution site for 3,000 recipients in the 34202 and 34211 zip codes only. In doing so, Baugh did not consult her fellow commissioners. The vaccinations occurred the week of Feb. 16.
On Feb. 16, Manatee County issued a press release regarding the pop-up clinic. In the press release, Baugh was quoted as saying, “This unique opportunity was made possible by Governor DeSantis calling Rex Jensen wanting to do a vaccination site near Lakewood Ranch. The governor has been trying to find large areas of neighborhoods to target.”
Jensen is the president of Schroeder-Manatee Ranch Inc. Schroeder-Manatee Ranch is the parent company of Lakewood Ranch.
In addition to restricting vaccine access to zip codes only, Baugh produced a list of five specific vaccine recipients who did not have to rely on their names being randomly pulled from the county’s standby registration pool. That list included Baugh herself, even though she decided later not to receive the vaccine.
“Vaccine distribution must not be based on politics. Manatee County unanimously adopted the Vaccine Standby Pool and residents have been patiently waiting for their number to be called. It’s offensive and criminal when one commissioner diverts 3,000 vaccine doses to an affluent area and then adds names, including her own, to a VIP list.” – Michael Barfield
On Monday, Feb. 15, Baugh emailed her list of specific recipients to Manatee County Public Safety Director Jake Saur. Baugh’s list included Jensen, whom she listed as living in the 34212 zip code, and his father, Lawrence Jensen, whom she listed as living in the 34208 zip code. Baugh’s list also included Lakewood Ranch residents Robert and Marie Keehn, whom she listed as living in the 34202 zip code, and herself, whom she listed as living in the 34202 zip code. Baugh also owns the Vanessa Fine Jewelry store in Lakewood Ranch.
Complaint allegations
“Based on the following information, I have a reasonable belief that violations of Florida Statutes occurred by Vanessa Baugh beginning on or about Feb. 9,” Barfield stated in his complaint.
The complaint references the following Florida Statutes:
“When Baugh inserted individuals and herself on a COVID-19 vaccine distribution list, she acted contrary to the adopted Vaccine Standby Pool and used her official position to secure a special privilege, benefit, or exemption for herself and others, which may be in violation of section 112.313(6), Florida Statutes, Misuse of Public Position.
“By including herself and individuals on a COVID-19 vaccine distribution list, Baugh acted contrary to the adopted Vaccine Standby Pool and altered or caused the alteration of an official record or official document, except as authorized by law or contract, or caused another person to perform such an act, which may be in violation of Section 838.022, Florida Statutes, Official Misconduct.
“By including herself and individuals on a COVID-19 vaccine distribution list, Baugh acted contrary to the adopted Vaccine Standby Pool and used her official position to take action in reliance on information to which she had access in her official capacity and which had not been made public, to acquire a pecuniary interest or gain a benefit by such information, which may be in violation of section 839.26, Florida Statutes, Misuse of Confidential Information,” Barfield stated in his complaint.
Supporting statements
Barfield’s complaint includes several additional supporting statements.
“On Jan. 6, the Board of County Commissioners (BCC) of Manatee County held a special meeting regarding COVID-19 and vaccinations. At the conclusion of that special meeting, the Manatee BCC adopted a motion authorizing the county administrator to implement the ‘Vaccine Standby Pool,’ effective Jan. 7, until further notice. The motion was adopted unanimously. As explained in the public presentation during the special meeting, the effect of the Vaccine Standby Pool was to randomize distribution of the COVID-19 vaccine through a lottery system,” the complaint states.
“On or about Feb. 8, constituents of Baugh were actively soliciting her about their eligibility and inability to get appointments for vaccine distribution in Manatee County. Sometime near Tuesday, Feb. 9, Manatee County resident Rex Jensen received a telephone call from Pat Neal. Governor Ron DeSantis was already on the line when the call was made. The reported purpose of the call was to facilitate a location for a pop-up vaccine distribution site at Premier Sports Campus for additional doses of COVID-19 vaccine,” the complaint states.
“On Feb. 9, Baugh sent an email to Jacob (Jake) Saur, Director of Public Safety of Manatee County stating, ‘Jake, the state wants Rex to keep a list. Can we do that.’ That same afternoon, Jensen sent an email to Courtney Coppola, a Florida Department of Health employee, stating Baugh helped reserve the pop-up site and outlining the tentative plan: ‘I have no infrastructure or staff to field all the calls necessary to assemble and maintain a list of candidates for the vaccine. I am copying Commissioner Baugh in the hope that she might be able to think creatively to find a solution,’” the complaint states.
“Baugh ignored the Vaccine Standby Pool process and selected two zip codes within her own district, including friends and herself, that would receive the additional doses of COVID-19 vaccine at the pop-up site. On Feb. 12, Alicia Niki Boyette, a contractor on behalf of the Florida Division of Emergency Management, sent an email to Baugh regarding the registration process for the ‘upcoming vaccination event.’ Boyette indicated that the information the department required for the event was a list with names, date of birth and phone numbers. Baur forwarded the email from Boyette to Saur, who replied that he was working on it. The next day, Baugh replied to Saur ‘Pls send to me when you have info as I am working on a list.’ On Monday, Feb. 15, Baugh sent an email to Saur with the subject matter ‘Names for list’ in which she added a number of individuals to the list of those who would receive the extra doses of vaccine at the pop-up site,” Barfield’s complaint states.
“A notice was sent out to Manatee County residents on Feb. 17 advising that the vaccinations scheduled for Bennett Park under the adopted process would be rescheduled due to inclement weather. Meanwhile, the plan to distribute the additional doses at the pop-up site went forward,” the complaint states.
Barfield comments
When contacted Tuesday, Barfield said, “Vaccine distribution must not be based on politics. Manatee County unanimously adopted the Vaccine Standby Pool and residents have been patiently waiting for their number to be called. It’s offensive and criminal when one commissioner diverts 3,000 vaccine doses to an affluent area and then adds names, including her own, to a VIP list.”
Paralegal Michael Barfield alleges the recent vaccination selection process may have violated state law.- Joe Hendricks | Sun
“Worse, the regular vaccine distribution that was planned for the same weekend was canceled on the grounds of inclement weather. Yet the vaccine distribution at the pop-up site for the VIP list went forward without a hitch. If those optics aren’t bad enough, the VIP list and two zip codes selected by Baugh for vaccine distribution at the pop-up site happen to be the most affluent and white in Manatee County. I might add that these two zip codes have the lowest rate of COVID-19 infection within Manatee County,” Barfield said.
“This conduct is the classic example of corruption and using official power to gain a benefit for friends and the well-connected. It’s time for our system of justice to hold her accountable,” Barfield said.
MANATEE COUNTY – Education officials differ on whether schools must reopen for in-person learning in August as recently ordered by Florida Department of Education (DOE) Commissioner Richard Corcoran.
Last week, Manatee County school board members discussed and debated reopening schools at a time when COVID-19 cases continue to increase. And three of the five board members questioned the legality of Corcoran’s emergency order.
During Saturday’s press conference at Blake Medical Center in Bradenton, Gov. Ron DeSantis and Florida Senate President Bill Galvano (R-Manatee) also weighed in on the debate.
According to Corcoran’s July 6 emergency order, EO 2020-06, “Upon reopening in August, all school boards and charter school governing boards must open brick and mortar schools at least five days per week for all students.”
The order notes the reopening requirement is also subject to advice and orders from the Florida Department of Health, local health departments and future executive orders.
“Absent these directives, the day-to-day decision to open or close a school must always rest locally with the board or executive most closely associated with a school,” the order says.
The DOE order and the amended school reopening plan presented by School Superintendent Cynthia Saunders were discussed for two hours and 45 minutes during the school board’s Thursday, July 9 workshop.
The amended plan previously discussed on June 25 now addresses the DOE order and is scheduled for an official school board vote during the Tuesday, July 14 special meeting that begins at 5:45 p.m. If approved by the school board, the plan must be submitted for DOE approval by July 31. Tuesday’s meeting will be livestreamed at manateeschools.net and broadcast live on Frontier channel 39 and Spectrum channel 646.
Saunders said a DOE-approved reopening plan would apply to all public, private and charter schools in Manatee County, including Anna Maria Elementary School in Holmes Beach. If the school board delays the opening of school buildings, the academic year will begin with online distance learning.
Saunders said the amended plan represents a safe reopening model that complies with the state’s expectations and addresses the concerns of parents, teachers and the community. The plan allows parents to decide if their children, regardless of grade level, attend classes in person or at home.
“There will be some flexibility. That is critical because we know at any given time that we may have to close a school. If those situations happen, online and other methods of instruction can count in the 180-day requirement of student instruction,” Saunders said.
Board member Rev. James Golden asked if a recent survey of parents’ preferences regarding in-school learning versus at-home learning provided specific input from those in the five zip codes with the highest number of COVID cases. Saunders said the 20,000 survey responses were not categorized by zip code, but due to recent developments, another survey will be conducted.
Saunders told the board more than 350 school district staff members at more than 40 sites have already been directly or indirectly affected by COVID-19, but with no fatalities.
Board member Charlie Kennedy said, “We would be crazy to reopen schools right now. We’ve had 350 employees affected and the schools are not even open. We have multiple COVID cases and even more who are in quarantine. If you throw 500 or 600 kids back on a campus, or 250 to 300, I fear the explosions of cases we will see not just in our student body but in our teachers and staff – and then mushrooming out to all the people they live with.”
Kennedy noted the school district is self-insured and an outbreak among staff members could impact the district’s health insurance fund.
Manatee County School Board member Charlie Kennedy questions the legality of the Department of Education’s school reopening order. – Submitted
Regarding the responsibilities of the citizen-elected school board members, Kennedy said, “This phony emergency order, does anybody on the board have any willingness to push back on this with other school boards? How does an unelected political appointee have the power to issue orders telling constitutional officers what to do? We are the ones in charge here. I’m not sure that would hold up to a legal challenge.”
Dr. Bencie’s insight
Florida Department of Health/Manatee County Health Officer Dr. Jennifer Bencie attended the workshop and provided an overview of COVID cases reported in Manatee County, including 190 new cases reported the previous day.
“Those are individual cases. There’s 4,266 people that we’ve identified with COVID in our community. The percent positive in the last two weeks has been 11.8%. In the past seven days, it’s gone up to 12.4%. Yesterday, one day alone, was the highest recorded in Manatee County: 20.4% positive of those tested. Those are not repeat tests,” Bencie said last week.
“Schools will be closed down as soon as they open if this continues in our community. Our numbers are going in the wrong direction. Everyone in our community needs to be involved to make this a successful plan,” Bencie said.
Constitutional authority
Citing the Florida Constitution, board member Dave Miner said, “Article 9, Section 4b says the school board, the constitutional officers, control the education in Manatee County. The buck stops with us and I believe we have the authority to say there’s not going to be public school in Manatee County for the next month. The blood is on us for anybody who suffers from this. At the same time, we’re supposed to be providing public education for all the children here and that’s the rock and the hard place that the five constitutional officers sitting up here have to deal with.”
Miner said he endorses the superintendent submitting a reopening plan to the state, but he said the plan should reference the school board’s constitutional authority.
“If we continue to go south in a significant way, I think we ought to have another meeting to say we’re going to shut down until we see it significantly better. It’s our call,” he added.
Manatee County School Board Member Dave Miner cited the school board’s constitutional authority regarding school openings and closings. – Submitted
Golden asked if the plan submitted to DOE could provide the option to wait until after Labor Day in September to reopen the schools to students.
“The order says August,” Saunders responded. “School has to begin in August unless the commissioner approves otherwise in the plan submitted. They’re talking in the traditional sense of opening up brick and mortar. Our school can be defined for 180 days of brick and mortar and/or eLearning to constitute the required number of hours of instruction we are required to deliver. We can begin instruction in a different context of delivery and still qualify if our plan is approved.”
Regarding the students, Saunders said, “For their mental health, for their academic health, we need to try to open the schools up and see how we can perform and then reassess.”
Board member Dr. Scott Hopes cautioned against implementing a plan that brings students back inside the schools in August.
“The way this pandemic is behaving we’re going be dealing with it until the end of the year at least. Our decisions are not going to get any easier whether we start before Labor Day or after Labor Day. Mr. Miner is correct. The decision is ours and we have that responsibility,” he said.
Hopes said the situation presents an opportunity for a public health campaign that stresses community cooperation to help contain the virus.
“We’ve got at least half of our student population whose parents say we want our kids back in school. That’s a motivator. We have the technology to access every family that has a child in our school district. If you want your children to start school on the 10th, we need you to do your part. We immediately move forward with a public health education campaign to reach these families and bombard them with a public health education campaign that will lead to us being able to implement our reopening plan,” he said.
Kennedy concurred and said the spread of the virus could be better contained if everyone was on the same page.
“But unfortunately, we’re not. We have another government entity in town (the Manatee County Commission) that is not willing to put a mandatory mask order in place. We all want the same thing. We just disagree on how to do it,” Kennedy said.
DeSantis, Galvano weigh in
During Saturday’s press conference, The Sun asked Gov. DeSantis if he feels the school board is compelled to follow Corcoran’s emergency order.
“Obviously, the local counties are instrumental in this. The school boards need to be involved. It’s got to be a collaborative effort. I think the main thing is what’s in it for the kids? What harm is going to be done by continuing to keep them out of school? From a student perspective, the risk is low. There’s just not a lot of evidence that they’re doing a lot with community transmission. At the same time, if a parent doesn’t feel comfortable and they want to offer distance learning, I believe in school choice and this would be another one,” DeSantis said.
When asked a second time if the school board is compelled to follow the emergency order, DeSantis deferred to Galvano.
“The answer is yes,” Galvano said. “The DOE order cannot be ignored and it needs to be adhered to. Having said that, all the points the governor made about the choice and the decision making and the safeguards are encompassed in that order. It also includes a collaboration with the Department of Health, but school boards cannot ignore this. The order says five days availability, brick and mortar schools at full capacity.”
JACKSONVILLE – Florida restaurants can increase their indoor seating capacity from 25% to 50% beginning Monday.
Retail operations can increase their capacity from 25% to 50% and gyms and fitness centers can reopen Monday at 50% capacity.
Bars, movie theaters and vacation rental operations remain prohibited statewide, but Gov. Ron DeSantis is now allowing individual counties to submit vacation rental reopening plans.
DeSantis announced these additional phase one reopening steps during his Friday afternoon press conference in Jacksonville. He said Florida is now headed into a full-fledged phase one reopening as a continuation of the initial phase one reopening strategies that started on May 4.
DeSantis set forth these additional measures in Executive Order 20-123. The order notes restaurants are no longer required to maintain a 6-foot distance between tables when expanding to 50% capacity.
“Bar counters are to remain closed to seating, and outdoor seating remains available with social distancing,” the order says.
Vacation rentals
During Friday’s press conference, DeSantis did not mention short-term vacation rentals until a member of the media asked about them. In response, DeSantis said he was not reopening short-term vacation rentals statewide, but individual counties can request short-term vacation rental openings.
According to EO 20-123, “Counties may seek approval to operate vacation rentals with a written request from the county administrator and the county’s safety plan for vacation rental operations submitted to the DBPR (Florida Department of Business and Professional Regulation) secretary.”
A pending lawsuit against DeSantis seeks to lift the vacation rental ban entirely.
On Saturday, Manatee County Administrator Cheri Coryea addressed the governor’s announcement in an email she sent to county commissioners, Anna Maria Island mayors and others.
“I am sure you have been receiving emails and telephone calls asking you to reopen vacation rentals in Manatee County based on the governor’s county-by-county directive on Friday afternoon. Tourism remains the top industry in Manatee County and vacation rentals are a critical part of the tourism industry network that runs so successfully in our county and your city,” Coryea wrote in her email.
“The governor’s directive gives local governments the ability to present a safety plan for vacation rental opening rules to the state for consideration. Local standards are to be guidelines which are both acceptable to the local community and that align with the governor’s ‘Safe. Smart. Step-By-Step Plan for Reopening Florida.’ The governor’s Reopen Florida Plan is a set of benchmarks and guidelines under which we have already followed to craft our own return to work plan for county operations,” Coryea wrote.
Vacation rental reopenings can now be addressed on a county-by-county basis. – Joe Hendricks | Sun
“In the coming days we will apply the same Safe. Smart. Step-By-Step guidelines for the board to consider that allow vacation rentals to reopen safely for visitors, vacation rental owners and hospitality staff. Your observations and experience in your city are important in this endeavor and will be considered as a part of the plan. As with all our reopening strategies to the County Commission, public health and safety will be at the forefront of the deliberations to address the vacation rental sector in Manatee County,” Coryea wrote in conclusion.
Coryea also distributed copies of a DBPR document containing additional information and safety measures for vacation rentals pursuant to EO 20-123, effective May 18 for counties that decide to allow vacation rentals.
The DBPR document says, “Effective May 18, the following measures are recommended as minimum standards for vacation rentals that are accepting reservations and guests for any length of stay:
“Maintain adequate time between the conclusion of a guest stay and the check-in of the next guest stay for appropriate cleaning and sanitation;
Clean and disinfect all frequently-touched surfaces in the property between each guest stay;
Wash all linens, dishware, and other service items available for use by guests between each guest rental;
Provide sufficient soap and surface sanitation supplies for guests to utilize in the vacation rental property during the guest’s rental period;
Ensure adequate safety protocols are in place and publicly displayed, in line with CDC guidance, regarding shared or multi-residence amenities such as pools, gyms, and other communal spaces.”
Effective May 18, DBPR also recommends the following best practices for vacation rentals that are accepting reservations and guests for any length of stay:
“Use mobile platforms for customer service and communication with guests, including the acceptance of payments by mobile or electronic methods;
Minimize direct guest contact with property owners or managers through remote check-in and check-out procedures;
Post signage or other notices regarding the cleaning practices that are completed prior to each guest stay;
Display signage or notices to guests in the rental property to frequently remind guests to take steps to prevent the spread of COVID-19, including the wiping and sanitation of touched surfaces.”
The county commission will meet on Tuesday, May 19 and the meeting agenda includes discussion of ongoing issues relative to the coronavirus (COVID-19) emergency.
Bar protest planned
Bar owners and members of the Association of Independent Bar Owners of Manatee met with an attorney Saturday who volunteered to draft a letter to send to DeSantis and state legislators requesting that Florida’s bars and nightclubs be allowed to reopen.
Anna Maria Island’s stand-alone bars remain closed as the governor’s reopening plan expands. – Joe Hendricks | Sun
Via executive order that took effect on March 17 (St. Patrick’s Day), DeSantis closed all Florida bars and nightclubs that generate more than 50% of their revenue from alcohol sales.
In conjunction with the attorney’s letter, an organized protest is scheduled to take place Tuesday afternoon and begin between 3:30 and 4 p.m. at the Wade Thompson law office at 1720 Manatee Ave W. in Bradenton.
Organizers encourage protest participants to wear masks and gloves and practice social distancing to display the industry’s willingness to comply with COVID-19 safety guidelines. Several Anna Maria Island bar owners and bartenders have indicated they plan to participate in Tuesday’s protest.
A petition to reopen Florida’s bars and nightclubs has also been initiated at www.MoveOn.org.
TALLAHASSEE – Vacation rentals must remain shuttered while restaurants and retail stores can partially open under phase one of Gov. Ron DeSantis’ new plan to reopen Florida’s economy.
Set forth in Executive Order 20-112, the first phase of the governor’s “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” takes effect Monday, May 4 and does not have an expiration date.
DeSantis’ executive order does not yet apply to Miami-Dade, Broward and Palm Beach counties, but he said those three counties at the epicenter of Florida’s coronavirus (COVID-19) pandemic are making good progress on flattening their curves.
Before presenting the plan details during his Wednesday evening press conference, DeSantis said, “It’s been a tough two months for our country. The coronavirus is a formidable enemy, especially for our elderly and our medically vulnerable populations. We have lost Floridians, which is never an easy thing.”
The Rod & Reel Pier is one of many Anna Maria Island restaurants that closed during the coronavirus pandemic. – Joe Hendricks | Sun
“The unprecedented national shutdown has thrown the lives of millions of Americans into economic and social turmoil. Floridians have lost jobs through no fault of their own and many are fearful of what may come next. Others have seen small businesses that represent their life’s work devastated practically overnight. This current crisis has impacted in one way or another 21 and a half million Floridians in life-changing ways. Today, Florida will take a step towards a more hopeful future,” DeSantis said.
Governor Ron DeSantis says he will reopen Florida in a manner that is “Safe. Smart. Step-by-Step.” – Florida Channel | Submitted
DeSantis said he received input and advice from physicians, health care system executives, small business owners, elected officials, unemployed Floridians and law enforcement officials. He also convened the Re-Open Florida Task Force that produced a report and recommendations.
DeSantis said Florida’s reopening plan resembles the three-phase recovery plan guidelines recently released by the federal government. He said the plan will be reviewed daily and decisions pertaining to the implementation of future phases will also be based on data and input from medical professionals and others.
According to DeSantis’ reopening plan:
“Vulnerable individuals should avoid close contact with people outside the home;
“All individuals, when in public, should maximize physical distance from others;
“Avoid socializing in groups of more than 10 people in circumstances that do not readily allow for physical distancing;
Face masks are recommended for all those in face-to-face interactions and where you can’t social distance.”
Restaurants, retail and more
Under the reopening plan beginning on Monday:
Florida restaurants can resume indoor dining at 25% of their normal seating capacity. Outdoor dining can also resume with tables spaced at least 6 feet apart. While dining inside or out, no more than 10 people are allowed in a group.
Bars, pubs and nightclubs that derive more than 50% of their gross revenue from alcohol sales will remain closed.
Retail stores can operate at no more than 25% of their capacity and must abide by CDC and OSHA safety guidelines.
Gyms and fitness centers will remain closed. DeSantis said hair salons, nail salons and other personal service providers cannot yet provide those services but can sell their retail products.
Libraries and museums can reopen at 25% capacity.
Elective surgeries and medical procedures can resume.
Florida schools will continue to operate with distance learning.
Visitors remain prohibited at nursing homes and other long-term care facilities.
During press inquiries, DeSantis was asked about businesses that are allowed to be open and businesses that are not.
“There’s no gray area. The order continues the essential business framework, so anyone under that framework is good to go. And then it allows responsible activity to include these new things like the retail. If you were good before, you’re good now,” DeSantis said.
Vacation rentals
During Wednesday’s press conference, DeSantis was silent on vacation rentals and whether he planned to extend Executive Order 20-87, an order that prohibited vacation rental operations through Thursday, April 30.
But the reopening plan executive order released later that evening says, “The prohibition on vacation rentals in Executive Order 20-87 remains in effect for the duration of the new order.”
The first phase of Gov. Ron DeSantis’ reopening plan continues his suspension of vacation rental operations. – Joe Hendricks | Sun
On Wednesday, DeSantis also issued Executive Order 20-111, an order that fills a gap by extending until Monday his vacation rental order (EO 20-87) and his essential businesses/stay-at-home order (EO 20-91).
The Anna Maria City Commission will conduct an emergency meeting at 10 a.m. on Friday to discuss parking restrictions and whether to continue the mayor’s local emergency order that prohibits new vacation rental reservations for guest arrivals through June 30.
The city of Holmes Beach also has local emergency vacation rental restrictions in place.
Local reaction
Soon after DeSantis’ conference ended, local restaurant operators and employees were already making their response plans.
Bartender Staci Wilkinson said Tide Tables in Cortez would be ready to go on Monday.
“We’ve moved all our picnic tables six feet apart. The majority of our seating is outside, so this is great news for us. We still expect a lot of takeout orders too, because not everyone will feel comfortable going out to eat right away. We’re prepared for anything and everything,” she said.
In Bradenton Beach, Bridge Tender Inn owner Fred Bartizal said, “It’ll be nice that people can actually sit in the restaurant with an open container, so it will definitely help. I certainly don’t want to be too quick to open it up completely.”
Drift In manager Doreen Flynn acknowledged social distancing would be a challenge inside the Bradenton Beach bar.
“It’s good that all those employees are getting their jobs back. I just wish we were included. I look forward to seeing Bridge Street open again. I watch the camera at the bar and it’s a ghost town,” Flynn said.
The Drift In in Bradenton Beach has been closed since St. Patrick’s Day. – Joe Hendricks | Sun
Drift In bartender Sharon Bell worked her last bar shift on St. Patrick’s Day – the day Florida’s bars closed in accordance with DeSantis’ executive order.
“I don’t understand how having a kitchen makes anyone safer? I feel like if we’re safe, we’re safe; and if it’s still dangerous, it’s still dangerous. I don’t understand how this is an apples-to-oranges situation,” Bell said.
Sports Lounge bartender Courtney McGough somewhat sarcastically said, “I’m glad they (restaurants) can serve alcohol while I wait for another month. I really hope this isn’t too early.”
Swordfish Grill General Manager Bob Slicker said he’s not ready to resume sit down dining yet in the Cortez restaurant.
“For us to open, we must have everything in place. If one of my employees gets sick and I have to shut down for two weeks what good is that? I don’t feel comfortable with it,” Slicker said.
COVID-19 in Manatee County
As of Wednesday evening, Florida had 33,193 reported COVID-19 cases, 5,419 hospitalizations and 1,218 COVID-19-connected deaths, according to the Florida Department of Health’s COVID-19 Data and Surveillance Dashboard.
As of Wednesday, there were still no reported COVID-19 cases in the city of Anna Maria. Since the pandemic began in the United States there has been one reported case in Holmes Beach and one reported case in Bradenton Beach.
The Holmes Beach case was reported on April 2. The Bradenton Beach case involved 68-year-old Bradenton Beach resident Tom Sheehan, who died at a Sarasota hospital in late March while being treated for COVID-19 upon his return from a cruise ship vacation.
The FDOH Dashboard is updated at least twice a day. – FDOH | Submitted
As of Wednesday, Manatee County had 564 reported COVID-19 cases, 142 hospitalizations and 49 COVID-19-connected deaths. Of those reported cases, 394 were in Bradenton and 162 were in the 34208 zip code that contains portions of Bradenton, Ellenton and Samoset, making it the zip code with the most reported cases in the Tampa Bay region.
Also as of Wednesday, there were 24 reported COVID-19 deaths associated with nursing homes, assisted living facilities and other long-term care facility residents or staff members in Manatee County. There were 21 such deaths in Sarasota County. Manatee County ranks fourth-highest in the state in that category and Sarasota County ranks fifth-highest.
Ten long-term care facilities in Manatee County listed a total of 97 COVID-19-positive cases among residents and transferred residents and 81 reported cases among staff members.
Regularly updated county-by-county and zip code specific COVID-19 data can be found at the FDOH COVID-19 Dashboard.
ANNA MARIA ISLAND – The executive order that Gov. Ron DeSantis issued Wednesday pertaining to essential businesses and services is now in effect.
“All persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities,” according to Executive Order (EO) 20-91.
Issued in response to the coronavirus (COVID-19) pandemic, the governor’s emergency order took effect at 12:01 a.m. on Friday and will remain in effect until April 30, unless canceled or extended by the governor.
Gov. Ron DeSantis issued his essential services order on Wednesday. – www.myflgov.com
The governor’s order left city and county governments with approximately 36 hours to interpret the order and figure out how to comply with it and enforce it.
Section 2 of the governor’s order includes the header “Safer at Home” and sets forth which businesses are essential and allowed to remain open and which businesses are non-essential and must remain closed while the order remains in effect.
“Essential services means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce and any subsequent lists published,” according to EO 20-91.
The Department of Homeland Security guidance can be found at the agency’s website.
“Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders,” EO 20-91 says.
Miami-Dade County’s list of essential and non-essential businesses can be viewed at the county website.
The directives issued by Miami-Dade County Mayor Carlos Gimenez took effect in Miami-Dade County on Thursday, March 19.
According to Bradenton Beach Mayor John Chappie and Lt. John Cosby of the Bradenton Beach Police Department, the city of Bradenton Beach will use the Miami-Dade County order as its essential/non-essential guidelines. Cosby is the city’s emergency operations manager.
Section 3 of EO 20-91 includes the header “Essential Activities” and says, “For purposes of this order and the conduct it limits, ‘essential activities’ means and encompasses the following:
Attending religious services conducted in churches, synagogues and houses of worship;
Participating in recreational activities – consistent with social distancing guidelines – such as walking, biking, hiking, fishing, hunting, running or swimming:
Taking care of pets;
Caring for or otherwise assisting a loved one or friend.”
EO 20-91 says, “A social gathering in a public space is not an essential activity. Local jurisdictions shall ensure that groups of people greater than 10 are not permitted to congregate in any public space.”
It also says, “Other essential activities may be added to this list.”
Bradenton Beach compliance
On Thursday afternoon, Chappie and Cosby discussed Bradenton Beach’s plans to comply with EO 20-91.
“Bradenton Beach is showing a united front with Manatee County, with one set of rules for all. Bradenton Beach is using the Miami-Dade County guidelines set forth in the governor’s order,” Chappie said.
Mayor John Chappie also plays a key role in Bradenton Beach’s emergency management operations. – Joe Hendricks | Sun
“According to our discussion yesterday, we are using the Miami-Dade County order. It’s a lot clearer than the federal list,” Cosby said.
Cosby was referring to the discussions that took place at Wednesday’s emergency management policy meeting. City and county officials now engage in these policy meetings regularly, sometimes daily, via conference call.
What’s in a name?
Chappie and Cosby were asked if they considered Executive Order 20-91 to be a lockdown order, as some media reports have reported.
“No, not even close,” Cosby said.
“No,” Chappie added.
They also said they didn’t consider EO 20-91 to be a stay-at-home order.
When asked how they refer to the order, Cosby and Chappie both said, “Governor’s Executive Order 20-91.”
Non-essential and essential businesses
According to the Miami-Dade County order, businesses that must close include arts and craft supply stores: barbers, beauty salons and nail studios; bookstores; casinos; clothing boutiques; indoor amusement parks, driving ranges; jewelry stores; malls; music supply stores; pawn shops; social clubs, tennis clubs and golf courses; fishing charters; souvenir stores; spas; sporting goods stores; tutoring centers; music classes; toy stores and children’s stores.
“All medical facilities, doctors’ offices, and airlines will remain open,” the Miami-Dade order says.
Businesses that can remain open according to the Miami-Dade County order include architectural, engineering and landscape services; assisted living facilities, nursing homes, adult day care centers and senior residential facilities; banks; businesses that interact with customers solely through electronic or telephonic means; business operating at any airport, seaport or other government facility; childcare facilities limited to a maximum of 10 children and teachers in any one group; construction sites currently in operation, regardless of building type; convenience stores; factories, manufacturing facilities, bottling plants and other industrial sites; food cultivation, including farming, livestock and fishing; gas stations; grocery stores; hardware stores; home-based care for seniors, adults or children; landscaping and pool services; laundromats; logistics providers; mail and shipping services; natural and propane gas providers; newspapers, TV, radio and media services; pet supply stores; pharmacies; professional services, such as legal and accounting services; restaurant kitchens – for pick-up and delivery only; services providing food, shelter, social services and other necessities for the economically disadvantaged; taxis and private transportation providers; telecommunications providers and waste management service, including collection and disposal.
“Today and tomorrow, I’ll be going around to the businesses that don’t meet the criteria and letting them know that they don’t meet the criteria. In Bradenton Beach, most of those businesses have already closed,” Cosby said.
“The businesses that are not compliant will be given a verbal warning. They’ll be educated that they are not an essential business, and if need be will be provided with a copy of the governor’s order. The second offense will be a summons to appear, which will include a citation. The third offense will be a physical arrest, and so would any violation after three offenses,” Cosby said.
Beach closures?
Chappie and Cosby were asked if EO 20-91 impacts the public beaches in Bradenton Beach that were ‘closed’ by the county’s emergency order on March 20. The county order resulted in the public parking lots at Coquina Beach, Cortez Beach and Manatee Beach being closed, but the Island’s law enforcement officials still allow groups of 10 or less on the beach – and those groups must maintain a six-foot distance from others.
“The county order stands as it is,” Chappie said. “We’re having good compliance with the order. Our police department is continually monitoring the situation out on the beaches. We really have had no problems whatsoever,” Chappie said.
Construction sites
“Our building department has some protocols they’re following too with regards to building permits, inspections and things like that – and that will be posted online at the city website,” Chappie said.
“Anything that has to do with construction is still considered essential. They have to have less than 10 people on-site and they have to maintain the six-foot distance,” Cosby said.
Vacation rentals
Cosby believes DeSantis will extend EO 20-87 – the order he issued on March 27 that prohibits new vacation rental guests from checking in until the order expires after 14 days.
“With the governor enacting this order (20-91) and extended this order to the end of the month, I’m feeling pretty confident he’s going to extend that order (20-87) also. One without the other doesn’t make a lot of sense,” Cosby said.
Cosby said businesses that rent golf carts, scooters, bicycles and other mobility devices are not considered essential.
“There’s nothing there that allows that,” he said.
Regarding incoming flights that bring more people to the Island, Cosby said, “The airlines are not doing flights from certain areas. We heard from the airport today. For March traffic, they were at 5%.”
Cosby said the Bridge Street Pier remains open, but social distancing requirements must be followed.
Anna Maria’s response
On Thursday, Anna Maria City Attorney Becky Vose provided her responses to questions also posed to Chappie and Cosby.
As to whether she considers EO 20-91 a lockdown order, a stay at home order or a safer at home order, Vose said, “I am not aware of any legal definition of any of those terms. The order does what it says it does – nothing more, nothing less. We are referring to the order as EO 20-91.”
The city of Anna Maria also has a plan to comply with Executive Order 20-91. – Joe Hendricks | Sun
Vose said the order’s impact on the city of Anna Maria’s beaches was “to be determined.”
Regarding essential and non-essential businesses and services, Vose said, “Although not crystal clear, E.O. 20-91 provides guidance as to which businesses are non-essential. Enforcement is to be determined.”
Vose said the city of Anna Maria would use the Department of Homeland Security’s guidance and the Miami-Dade County order to determine essential and non-essential businesses and services.
Vose shared Cosby’s belief that DeSantis would likely extend the vacation rental check-in prohibitions contained in EO 20-87 to coincide with the April 30 expiration date of E.O. 20-91.
ANNA MARIA ISLAND – Florida Gov. Ron DeSantis has suspended vacation rentals for two weeks.
“We’re going to suspend for two weeks any new vacation rentals in the State of Florida. The concern is people in some of these hot spots wanting to come here. Now’s not really the time to do that, so the vacation rentals will be suspended for two weeks. If you’re in one now, then finish and go home – but for any new rentals there’s going to be a suspension on that,” DeSantis said during Friday’s press conference.
These actions are set forth in Executive Order 20-87.
Florida Governor Ron DeSantis issued a two-week suspension on new vacation rental stays. – www.flgov.com
“I hereby order all parties engaged in rental of vacation rental properties, as defined in Florida Statutes, 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,” according to the executive order.
The directive includes any house, condominium or dwelling unit that is also a transient public lodging establishment as defined under Florida Statutes.
The governor’s directive does not include hotels, motels, inns, resorts, non-transient public lodging establishments, time share projects or long-term rentals. The order does not include rental stays at which the guests are already occupying the rental unit or have previously booked a stay and are scheduled to check in no later than March 28.
The order does not apply to those performing military, emergency, governmental, health or infrastructure response, or travelers engaged in non-vacation commercial activities.
“DBPR shall revoke the vacation rental license of any party that violates this order or otherwise advertises vacation rental opportunities during the duration of this order; and DBPR shall alert the state authorities to evidence of violations or attempts to violate this order,” the executive order says.
“This executive order shall expire in 14 days unless extended by subsequent order,” the order concludes.
Restrictions in Anna Maria
On Tuesday, March 24, Anna Maria Dan Murphy issued an emergency order that temporarily prohibits new reservations for vacation rental stays of less than 30 days in Anna Maria. The order took effect at 4 p.m. on Wednesday, March 25.
On Tuesday, Anna Maria Mayor Dan Murphy issued an emergency order suspending new vacation rental reservations. – File Photo | Joe Hendricks | Sun
“There shall be no new reservations for an arrival date of March 26 through June 30 of less than 30 days. Reservations with an arrival date on or subsequent to July 1 are excluded from this order,” Murphy’s order says.
“If a rental of 30 days or more during the period between March 25 and June 30 is cancelled before the end of the 30-day period, that vacation rental shall not be permitted to be made available for rental, or be rented, for the balance of that 30-day period,” the order says.
According to the order, it is now considered fraudulent and unlawful to advertise a short-term vacation rental unit in Anna Maria that does not state all restaurants on Anna Maria Island are limited to takeout service only and all bars are closed.
It is also considered fraudulent and unlawful to not include mention of the governor’s 14-day mandatory self-quarantine requirements that apply to visitors from specific states and cities.
“This order is deemed necessary to protect the health, safety and welfare of the citizens of the city of Anna Maria,” the order says.
The order notes violations shall incur punishments that include but are not limited to the suspension or revocation of the vacation rental unit’s annual registration; removal of tenants; criminal penalties levied against the vacation rental owners and the rental management companies and personnel that represent them.
“Every day of non-compliance will be punished by separate fines levied against both the vacation rental owner and the vacation rental management company in the amount of $500 per day of non-compliance,” the order says.
Murphy is required to review his emergency order at least once every seven days to determine whether it needs to remain in place or be lifted.
On Wednesday, Murphy sent city commissioners an email update on the decision he made.
“Our city is the only one in the county with this type of order. I was on a conference call this afternoon with all cities and county officials in Manatee County. I was asked to explain our rationale/position for this order. I explained that part of our rationale was based upon reducing the churn of people coming into and out of Anna Maria weekly,” Murphy’s email said.
The mayor’s email expressed concerns about visitors being at a higher risk of infection while traveling; about potentially infected visitors using public facilities and visiting city beaches; and about potentially infected visitors being in close proximity to Anna Maria residents, many of whom are senior citizens.
“I acknowledge that there is pressure and displeasure with this order from some quarters. But I still feel this is in the very best interest of our community,” Murphy said in his email.
On Thursday, Murphy and the city commission held their first virtual commission meeting.
Joining the virtual meeting by telephone, several out of state residents expressed concerns about the emergency order impacting their existing reservations.
Pennsylvania resident Rose Jordan said she and several other family members have reservations on Anna Maria Island scheduled to begin on April 18. Jordan said she was not sure which of the three Island cities everyone in her party was scheduled to stay in.
“The order doesn’t apply to existing reservations. You have a legal right to come to the Island and stay,” Murphy said in response – not knowing what Gov. DeSantis would do the following day.
Murphy also cautioned that now is not a good time to travel and he noted the closures and restrictions placed on the Island’s bars and restaurants.
Jordan and others also expressed concerns about some vacation rental companies on the Island not providing refunds to those who wish to cancel their reservations due to the coronavirus pandemic.
Jordan said she was offered a credit that must be used during the 2020 calendar year. Jordan said due to their occupations she and several others in her party must bid out their vacation time well in advance and cannot make it to the Island at any other time in 2020.
New York resident Marco Dipasquale expressed similar concerns. He said he is an Airbnb host and that Airbnb and VRBO hosts, for the most part, are giving refunds for cancellations.
“This is not sitting well with us,” Dipasquale said, noting this might be the “last straw” for him when it comes to dealing with some of the Island’s vacation rental companies.
TALLAHASSEE – It’s official: Gov. Ron DeSantis has retracted Aqua by the Bay developer Carlos Beruff’s recent appointment to the Florida Fish and Wildlife Conservation Commission (FWC).
On Friday, Jan. 18, DeSantis retracted 46 appointments that departing Gov. Rick Scott made on Jan. 4 and Jan. 7, and Beruff’s FWC appointment was among those retracted.
The retracted appointments apply only to those whose appointments require confirmation by the Florida Senate, and it’s still possible that Beruff could be reappointed. DeSantis also retracted Joshua Kellum’s FWC appointment.
FWC commissioners serve five-year terms and enact rules and regulations regarding the state’s fish and wildlife resources.
On Friday, DeSantis sent a letter to Florida Senate President Bill Galvano informing him of his decision.
“I agree many of these individuals are outstanding citizens who are experts in their respected fields. I thank these individuals for their willingness to serve our state. They will be afforded every consideration as my office re-opens the application process to fill these critical appointment vacancies,” DeSantis’ letter said.
DeSantis also retracted Mark Goodson’s appointment to the State College of Florida, Manatee-Sarasota District Board of Trustees.
Additional retractions of Scott appointments include appointees to the Board of Governors to the State University System, the Board of Medicine, the Board of Veterinary Medicine, the Construction Industry Licensing Board, the Florida Citrus Commission, the Florida Real Estate Commission, the Florida Transportation Commission and more.
Beruff opposition
In late 2017, Manatee County Commissioners approved the Aqua by the Bay development plans that call for the construction of up to 16 95-foot-tall condo buildings, an unspecified number of buildings between 36 and 75 feet tall and a total of 2,894 residential units.
The approved development plans also include 78,000 square feet of commercial space and a man-made crystal lagoon, and there are references to private docks. The proposed 20-year construction project is to take place on a large piece of vacant land located between Sarasota Bay and the El Conquistador Parkway in Manatee County.
As of this afternoon, more than 7,700 people had signed a Change.org petition opposing Beruff’s FWC appointment.
“The appointment of a developer with a track record of putting profit over protection of the environment is unconscionable,” according to the petition, created by Naples resident Michelle Eddleman McCormick.
Anna Maria City Commissioner Carol Carter is among those who signed the petition.
Some who opposed Beruff’s appointment cited the Aqua by the Bay development.
“I believe that this is a conflict of interest seeing as he is attempting to destroy our shoreline to build the Aqua by the Bay development,” Shaun Reilly wrote when signing the petition.
“He has and is destroying wildlife nurseries around Florida, i.e. Aqua by the Bay,” Robert Kinney wrote when signing the petition.
“This man is not an environmentalist and conservationist who cares about wildlife. Please replace him with someone who has a track record of protecting Florida’s natural resources, our water, wetlands, rural areas and wildlife,” Pat Lindsey wrote.
“Talk about a fox guarding the hen house,” Tammy Johnson wrote.
SARASOTA – New Florida Gov. Ron DeSantis is wasting no time addressing water quality issues, including harmful algae blooms.
On Thursday, Jan. 10, DeSantis signed Executive Order 19-12 as part of his plans to implement major reforms to protect Florida’s water quality and environment. The executive order seeks $2.5 billion over the next four years for Everglades restoration and the protection of Florida’s water resources.
DeSantis issued the executive order less than 48 hours after being inaugurated as Florida’s 46th governor, and he visited Sarasota the same day. DeSantis was joined by his wife, Casey, and Lt. Governor Jeanette Núñez at an early afternoon press conference at Mote Marine Laboratory’s Keating Marine Education Center in Sarasota.
Florida Senate President Bill Galvano, Florida Sen. Joe Gruters, former State Rep. Jim Boyd, Florida Department of Environmental Protection (DEP) Secretary Noah Valenstein, Anna Upton from the Everglades Foundation, Chris Peterson from Captains for Clean Water, Mote Marine President Michael Crosby and others were on hand for the press event, and many of them also spoke.
Speaking first, Crosby said, “I was so heartened to hear our new governor say so clearly during his inaugural address that the quality of our water and the environmental surroundings are foundational to our prosperity as a state. Even more energizing for me was that he also said that he will lead the efforts to save our waterways, that together we will fight red tide and other harmful algae blooms.”
Governor’s remarks
DeSantis said he spent time that day learning what Mote Marine scientists are working on regarding red tide. He also noted that water quality was an issue he campaigned on.
“I listened loud and clear to what Floridians were telling us – that they wanted action on this. We have a sense of urgency. We’re going to be seeking $2.5 billion over the next four years for water resource and Everglades-related projects. That represents a billion dollars more than the previous four years,” DeSantis said.
He plans to install a chief science officer within DEP to work with Mote Marine and other agencies to ensure the state has the most up-to-date scientific data.
“So, when we’re making policy it’s going to be effective policy,” he said.
DeSantis is moving the enforcement arm of environmental issues out of the Florida Fish and Wildlife Conservation Commission (FWC) and into DEP.
“I think that’ll make a big difference. We’re also going to have a resiliency office to look at how different communities are affected by things like increased flooding and rising water,” he said.
The executive order says the Office of Resilience and Coastal Protection will adamantly oppose all offshore oil and gas activities off every coast of Florida and oppose hydraulic fracturing (fracking) statewide.
The executive order also establishes a blue-green algae task force.
“This task force should support key funding and restoration initiatives to expedite nutrient reductions in Lake Okeechobee and the downstream estuaries,” the order says.
“I think we have a huge majority of Floridians across party lines that would love to see action. Unfortunately, I wish we could just do it at the governor’s office. We’re going to work with the Legislature, the local communities and the federal government. The federal government obviously plays a big role in this,” DeSantis said.
DeSantis said he worked with the White House and Army Corps of Engineers during his gubernatorial transition period and addressed the federal government’s management of Lake Okeechobee and discharging into surrounding rivers lake water that contains blue-green algae.
“I think we could probably avoid having to do these discharges, certainly not at the level we’ve seen,” DeSantis said.
“On our end, we’re going to move forward with the EAA reservoir (Everglades Agricultural Area Storage Reservoir Project), which is very important to be able to stop discharges. And we’re going to make sure the Army Corps gets on track with this thing. We don’t want it to take 10 years – that I think is going to be unacceptable. I do think the (federal) administration understands Florida’s needs, and I think they’re willing to work with us,” DeSantis said.
In reference to Galvano, Gruters and the Florida Senate, DeSantis said, “There’s a critical mass of folks here that really want to get some big things done. This is a challenge, but I also think it’s an exciting time because we can be part of solving some of these problems for generations to come.”
In a separate action, DeSantis has requested the resignations of all current board members of the South Florida Water Management District.
Mote funding
After the press conference, Cosby said Mote Marine would seek additional state and federal funds to bolster the red tide research and monitoring program currently conducted in partnership with FDEP.
Crosby also said Mote Marine would propose bill language to the state Legislature seeking an additional $3 million for each of the next five years to develop a new harmful algae bloom mitigation and technology development initiative aimed at lessening the impacts of red tide.
