At Thursday’s land use meeting, Manatee County Commissioners will vote on reversing the previous board's gutting of wetland regulations and a pro-urban sprawl bill to subsidize growth in east county. It is now certain to set off a legal and political battle that is well worth fighting.
In the fall of 2023, developer-installed puppets on the BOCC voted to eviscerate our county's wetland protections, rolling back sensible wetland buffers that were similar to those of other coastal counties and instead deferring to the much less effective state minimum. Prior to that, politically connected developer Carlos Beruff had unsuccessfully sued the county multiple times, arguing that requiring such buffers amounted to an unnecessary and illegal "taking" of his land, where he might otherwise have been able to build a few more homes, hence squeezing out a few more bucks.
Using its own legal department, the county successfully defended the suits because they were utterly without merit. Florida not only allows counties and municipalities to set their own wetland protection policies beyond the bare minimum required by the state, it actually encourages them to do so because, as you may have noticed, we are a state surrounded by water that is the chief draw to its residents. We, as a nation, also have a long history of regulating land development to minimize its impact on other landowners and communities at large, with setbacks being the most obvious example.
By 2022, however, developers had control of six of the seven commission seats, and they subsequently appointed a team of loyal allies to the top levels of county government (all of whom remain in those positions, by the way). The new board and its administration then moved to reverse Beruff’s courtroom losses by changing the rules from within.
However, it seemed that they couldn’t find county staff willing to debase themselves enough to recommend such an asinine change, which would surely have deleterious effects on a community whose waterways were already suffering immensely from intense algal blooms compounded by wetland destruction. So, the county actually hired the same “expert witness” Beruff’s legal team used in their unsuccessful challenge to serve as a “consultant" to the county. This schill gave the board an utterly laughable presentation, telling them that he was unaware of any environmental advantages provided by buffers larger than the state minimum, despite multiple members of the public having provided a litany of scientific evidence supporting just that.
The whole farce was reminiscent of a kangaroo court in some banana republic, but the board still voted to “amend” the policy, despite deafening public outcry. That single issue energized the community so much that all the developer cash in the world couldn’t keep the puppets who faced reelection in 2024 on the commission. In a historic outcome, grassroots candidates across the board won landslide victories over their infinitely better-funded opponents. That flipped the board, and the commissioners who had not been eligible to get sent packing mostly got the message and started representing the will of the community.
The Manatee County Commission is still comprised entirely of Republicans with strong conservative bona fides, just not ones who are bought and paid for by the development community. They fulfilled their promise to work to reverse these two decisions, as well as the impact fee giveaway approved by the previous board. In 2023, however, Tallahassee passed SB 250, a broad emergency management bill that included language intended to prevent communities from enacting statutes that would make it harder for those whose homes were damaged by storms to rebuild, which, for the record, I’m all for. However, it did not clearly distinguish those cases from new development, and we're now learning why.
The county was on firm ground due to the timing of its vote and the effective dates referenced in the bill, and commissioners finally received a real presentation from Manatee County Environmental Planning Section Manager Kara Koenig, a rock star of a public servant and actual expert who Development Services Director Nicole Knapp would have had give it in the first place if Knapp had been representing the community instead of developers. Read more on where Ms. Knapp's loyalties lie here. However, state legislators effectively reauthorized and extended those provisions in this year’s emergency management bill, SB 180, with painfully vague language that seems to suggest the state's intent to prevent Manatee County and other communities from protecting critical wetlands from development.
Manatee County Commission Chair George Kruse conducted a thorough examination of how that all happened in a column I highly recommend reading. I'd say that it's also time to ask whether some of the people involved in dragging our collective feet on reversing the policy may have been tipped off on SB 180's arrival by, I don't know, developer puppets in our state delegation or a certain local attorney who used to be a Florida Senator and now makes his living schilling for the sleeziest of home builders and other bad actors in his native community?
When the county finally transmitted the proposed change to the state for comment, it received an unprecedented onslaught of negative comments from no less than four state agencies. You can read more about that in a column I wrote previously. As the board heads into Thursday’s meeting, at least one law firm has promised to file suit against the county.
“Manatee County Commission – You’ve been warned,” wrote Jason Gonzalez of the Lawson Law Firm on Facebook. “We have excellent courts in Florida that follow the law. If you violate the laws of the State of Florida, you will hear from the Lawson Law Firm, and it will not end well.”
Others have suggested that Governor Ron DeSantis, who has long been closely aligned with deep-pocketed developers, would use his authority to remove commissioners who voted in favor of the amendment and replace them with individuals suggested by those like Beruff and Pat Neal. I raised this possibility earlier this year, but I have grown far more confident that it is realistic given the Trump administration's posture toward anyone that does not fall in line and DeSantis’ desperately pathetic attempts to reclaim relevance in the MAGA world after his failed bid for the Republican presidential nomination in 2024 (Alligator Alcatraz, ICE crackdowns, attempting to redistrict ahead of the census, etc.).
Keep in mind that the board is not voting on enacting radical new rules, as developer mouthpieces have suggested. It is quite simply attempting to represent the will of its community by reenacting sensible regulations that had been in effect for a very long time and are unabashedly moderate by the standards of surrounding communities and the science that supports such rules. If anything, there is an overwhelming amount of scientific evidence (and public will) that the overriding public benefit would be best served by increasing buffers on our most essential wetlands from their previous 50 feet to 100. The state minimum is only 15 feet, and Beruff has already received a SWFWMD permit for zero feet on coastal wetlands since the change. Again, we’re not even discussing increasing buffers, despite the decrepit condition of local waterways. We’re simply attempting to revert to what had always been the rules before developers essentially purchased a different set of them, and we're doing so to preserve the quality of our local waterways.
On Friday, the Florida Department of Commerce, which I have never seen or even heard of giving comment on a proposed land use amendment prior to the board's recent transmittal, sent what can only be interpreted as a threatening letter to commissioners, warning them not to go forward with Thursday’s vote. I think it’s safe to say that some commissioners’ sphincters will tighten enough to lose the courage to move forward with what they were elected to do. My sincere hope is that at least four of them will find the stones to do what is right.
If DeSantis wants to subvert democracy and the will of a county dominated by members of his own party, that’s a fight we should be willing to have with little Ronnie. Tell that paunchy double-Ivy League elitist to wear his boots with the biggest lifts, come on down to Bradenton, and bring it on. Let the national media come to town, let the Florida and Washington MAGA community weigh in, take it through the courts, and die on the conservative pillars of home rule and small government that our governor so routinely spits on. Because if you can’t do that, what is the purpose of taxpayers funding your salary, commissioners? It’s gut check time. Let’s see who’s got the sand, and who’s all listless bluster until the chips are actually on the table.
Furthermore, why don’t the seven of you take some time before the meeting to assess whether having an administrative leadership that is still manned by people who were put in place precisely because of their willingness to acquiesce to Big Development—Charlie Bishop, Courtney De Pol, and Nicole Knapp—is serving the best interests of this board and the community it portends to represent. I'll remind you that we wouldn't even be here if it weren't for them. Do we believe in representative government, or do we submit to authoritarian oligarchs imposing their will at the expense of our collective quality of life? You were elected for a reason. Live up to the moment, or kick sand and go to work for a living, even when it's hard, like the rest of us do. This community has spoken, and there is no room for grifters milking a paycheck at its expense.
Dennis "Mitch" Maley is an editor and columnist for The Bradenton Times and the host of our weekly podcast. With over two decades of experience as a journalist, he has covered Manatee County government since 2010. He is a graduate of Shippensburg University and later served as a Captain in the U.S. Army. Click here for his bio. Mitch is also the author of three novels and a short story collection available here. He can be reached at editor@thebradentontimes.com.
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Kelly
August 21, 2025 BOCC Vote on Wetland Buffers and Policy 2.1.2.8:
Hold your horses Editor. It’s a trap. Our commissioners are being set-up for immediate failure. If they pass an ordinance contrary to State law, they will be removed from office. Let us not fall on our swords. Our County, and others, were outflanked by the developers and thrown under the bus by our state representatives. They won this maneuver, but it is not over. I am among the most ardent supporters of bigger wetland buffers and restoring the integrity of the future development area boundary (FDAB). These are the two most important issues in our county and state, and I have been fighting for them since the early 1970s.
SB180 is now the law. It is a horrible law that needs to be revised, better defined and limited to storm damaged properties. SB180 is an absolute assault on home rule. But it is the law for now. Our Governor has already proven his willingness to remove duly elected officials from office. He’s done this with some very flimsy reasoning which in at least one case the courts overruled- too late. Any whiff of misfeasance or malfeasance, and the Governor will remove one or all commissioners and then replace them with developer puppets. He and other politicians need the developers’ money for future campaigns. Some existing commissioners may be left alone or reinstated. It’s hard to know. I certainly do not want to see any recent former commissioners back on the BOCC.
A few current commissioners who voted to reduce wetland buffers and approve Policy 2.1.2.8 developments east of the FDAB, have suddenly changed their tunes. I wonder if they may be part of this set-up.
We must support any commissioner willing to vote against passing a County ordinance that will stand contrary to State law. Let us keep our good commissioners in office to play the long game. Let us work with other counties to legally challenge, remove, or refine SB180 and SB250. Let us scrutinize proposed comp plans amendments for the certainty that they will benefit all citizens. Let us deny rezone requests that are untimely, incompatible, lacking proper transition, or will pose an undue environmental or financial burden on the County. Let us not fall on our swords.
Mark VanDeRee
Waterline Road Preservation Group
Sunday, August 17, 2025 Report this
rayfusco68
Mark is correct. We have commissioners in place that are trying to unravel the harm the previous commissioners did. They should not give our current governor an excuse to replace them with compliant lackeys. The reality is we have the right commissioners because the voters did the right thing. It is time for the rest of the voters in the State to step up and stop voting party lines, VOTE THE ISSUES.
Sunday, August 17, 2025 Report this
David Daniels
Mark is NOT correct. Mitch, you have written some excellent columns over the years, but this one truly meets the moment on all fronts - including that this commission needs to keep their word and fight for policy in the public interest, and that this commission needs to look at whether we have an ethical administration we can trust to do the right thing. On the first point, if the Gov. dares to remove our duly elected (in a landslide) representatives, I believe he will be making a huge mistake that will cost him and anyone associated with him politically. George Kruse could take his common sense, substack-explained reasonable growth policy and be the next Governor if he wanted. After what the State RPOF has already done to duly elected Manatee County elected committee persons, there would be uproar and nation wide outrage. And don't forget, if Manatee County does this, they won't be alone. LIterally every local government in FL will join. And there is much to argue legally against the vaguely written SB amendment - which Kruse explained in detail - including the record of legislative intent, and the SCOTUS Chevron decision that makes the court responsible for rule interpretation, not the state agencies making these threats. I agree 100% with Mitch, now is the time to meet the moment. This is time to stand on principal and what is right. Commissioner Siddique, was it just talk and bluster? The people will back you. And Mitch's other point, re our county administration, not only are they responsible for removing the wetland buffers, don't forget just last week we saw a top administrator admit he was the person who sneaked a developer contract onto the consent agenda - which means he lied to lakewood ranch citizens. And whether it is Nicole Knapp allowing Beruff to build an illegal dwelling unit, or Chad Butzow pulling a fast one, or Courtney Depol awarding an $500K contract to an HR firm with no deliverables, or Tom Wooten telling his code enforcement officers to work for KVO - all of these things, and too many more that have been reported, are done with the approval of the Administrator. The new commissioners were elected in a wave of doing things above board, in the public interest, not developers. But the administration remains the same, with the same way of doing things - it is why they were selected in the first place. The culture is one of non-transparency and dishonesty, and it stems from the leader.
Sunday, August 17, 2025 Report this
David Daniels
One other point, if Manatee caves, it will not only start the domino of falling cards with other local governments, but it will be an admission that the unconstitutionally overbroad SB180 legally prohibits any development regulation, so the idea of just denying future rezones will also face the threat of lawsuit. As we've seen on a national scale, the bullying doesn't end when you give in.
Sunday, August 17, 2025 Report this
misty
The question that our commissioners should be asking themselves as they prepare for this vote is, "What decision best serves Manatee County?" Answering that question makes the vote an easy one. And, if the Governor will continue to threaten to remove duly elected officials who disagree with him, this approach will (some day) be his demise. Cowering to corrupt power may feel safer in the moment, but living and knowing that you compromised your values to save your a** will be a mistake that you will have to rationalize for the rest of your life. Courage compounds - every time you choose integrity over fear, you reinforce your character and inspire others to do the same, most importantly, your children. Do the right thing!
Monday, August 18, 2025 Report this
sandy
Sadly, a current commissioner who voted to eliminate the buffers, was the one who brought up to reinstate them. Then just a week and a half ago he railed about government for the people, by the people. Said he listened to the people. During the meetings on the wetland issue before it was passed and he voted for it, he must have been sleeping or in a coma, as a multitude of citizens spoke at the meeting, wrote emails and comments. The only thing he paid attention to was developers property land rights.
Monday, August 18, 2025 Report this
ruthlawler
I agree with Mitch, David and Misty. I encourage each Commissioner to do the right thing for their constituents and our environment, and not cower under fear of being replaced. At some point our Commissioners just have to stand up and vote for what is in the best interest of the citizens. The citizens spoke loudly when the prior BOCC voted reduced protections. The population growth is explosive. We MUST do every bit we can to protect and preserve what little bit of wetlands remain. I arrived in Manatee County as a toddler in 1951, when the population of our county was 34,704 in 1950. It is now about 465,000. TOO MUCH has been destroyed...we MUST protect what little remaining we can! Ruth Lawler
Monday, August 18, 2025 Report this
bbenac
Before everyone has the BOCC getting kicked off the Commission for "violating the law"-please know that the law includes FS 163.3184, which applies to Comprehensive Plans. Even the BS letter from the Florida Dept of Commerce notes that the County has the right to address the comments from staff, before adopting the Comp Plan Amendment. It is within their rights to do so. So they answered my question-does SB 180 as adopted supersede the County's rights to process a Comp Plan Amendment, which is clearly laid out in Statue? Following the law, the County can rebut the Objections, Recommendations and Comments from Staff. Don't let the County Atty and everyone else scare the BOCC from doing their job. I'm not a lawyer-and pretty sure no one else on this thread is a lawyer. But cowtowing to threats from some law firm at this stage is rediculous. Follow the process, do what is right for the Citizens and prepare to defend your position.
Tuesday, August 19, 2025 Report this