After months of complaints about waterfront construction at a Bradenton home, Manatee County has confirmed that multiple departments have visited the property to assess reported concerns. The county also confirmed that it has issued a Notice of Violation to the homeowners, while investigations remain ongoing.
The confirmation comes nearly two months after the county issued a Certificate of Completion for a roughly 143-foot seawall at the residence, which is the home of local attorney Sean Flynn.
A September 30 inspection by the Florida Department of Environmental Protection (FDEP) classified the residential property as “Significant Non-Compliance” even though three earlier county code enforcement cases were closed without identifying any violations.
FDEP investigators identified unauthorized trimming and alteration of approximately 4,603 square feet of red mangroves, potential wetland soil impacts, and construction of a seawall without state authorization, among other potential violations at the riverfront home.
Neighbors’ concerns began early
Over several months, Flynn's next-door neighbors, Jan Gross and Bruce Kamm, watched the waterfront construction with growing concern. The couple says they documented mangrove removal, the installation of a new seawall, a separate wooden retaining structure, substantial fill, and a dock.
Gross shared correspondence, photographs, and videos with TBT detailing her efforts to get county officials to investigate potential code violations, including photographs and videos she repeatedly sent to county staff.
When Gross contacted county code enforcement about activities at the site in July, she didn't know that the county had just issued a permit two days earlier for construction of a vinyl seawall at the home.
Code Enforcement Officer Michelle Mendoza visited Gross's property on July 15 and documented waterfront excavation and a dumpster containing cut branches. She identified the branches as oak, although Gross maintained the debris was mangrove trimmings.
Photographs contained in a 2006 FDEP file associated with Gross's property show rock riprap along her shoreline and mangroves on the neighboring property. Google Earth imagery from November 2025 also shows substantial vegetation along Flynn's waterfront before the recent construction.
In her notes, Mendoza wrote that aerial images did not establish whether mangroves had been trimmed or removed. The case was closed with a finding of “No Violation.”
On August 18, Gross again contacted Mendoza to question the seawall's height, placement, and relationship to the neighboring shoreline structures. She also expressed concerns about erosion and potential effects on adjoining properties.
By late August, the county's Environmental Planning Division opened a second code enforcement case after a referral. Officer Jared Swetnich contacted Flynn by telephone. Flynn told him the work was permitted. Swetnich confirmed the county had issued a seawall permit and closed the case, writing, “Complaint unfounded.”
By early September, Gross contacted then-Code Enforcement Chief Tom Wooten directly. In correspondence on September 2 and 3, she expressed concerns and requested that a code officer be dispatched to the address. Wooten advised her to submit her complaint through the county's 311 system. She did.
On September 9, Mendoza again visited Gross's property under a third code case. Mendoza noted shoreline debris and a property-boundary dispute. That case also closed without a violation.
Following Mendoza's visit, Gross emailed county code officer Swetnich that same afternoon, raising further concerns and requesting a meeting or field visit.
On September 14, Flynn's seawall passed its final county inspection, and the county issued a Certificate of Completion.
State permitting questions
Around the time Gross began contacting county officials, Flynn was approaching FDEP seeking confirmation that his proposed seawall qualified for an exemption from state environmental permitting requirements.
Under Florida law, certain seawalls are exempt from state permitting requirements, and property owners can request written verification from FDEP confirming that their proposed construction qualifies.
In a July 15 email, Flynn described a seawall that would connect to existing seawalls on both adjoining properties and follow a continuous, uniform construction line. Those connections were among the conditions required to qualify for the exemption.
However, Gross's property does not have a continuous concrete seawall. Much of its shoreline consists of rock riprap, with only a limited section of concrete seawall, as TBT observed during a visit.
Flynn also told FDEP that he had met with Manatee County permitting officials on July 14 and that they had instructed him to submit FDEP's exemption verification before the county would issue the seawall permit.
However, county records show the county had already issued the permit on July 7.
A formal application for verification of the state exemption was submitted July 24. Four days later, at 3:45 p.m., Flynn forwarded correspondence about the application to Kathy Galea, a legislative assistant to state Sen. Jim Boyd. At 3:50 p.m., Galea contacted FDEP officials on his behalf.
“Is there any way to expedite this request?” Galea asked. Two weeks later, she followed up seeking an update.
Flynn ultimately did not receive the verification he requested, and withdrew his application after FDEP questioned the accuracy of the seawall drawings.
The engineering drawings submitted to FDEP for the proposed seawall depicted an existing seawall at the location.
On August 21, FDEP requested additional information and questioned whether the existing seawall was actually present.
“Based on a review of aerials and our phone calls, it appears there is no existing seawall currently on site,” FDEP wrote. The agency requested revised drawings that accurately reflected the property.
On August 24, Flynn said he would withdraw his verification application and proceed under his “original permitted plans.”
On August 25, FDEP received a complaint alleging unauthorized seawall construction and mangrove removal at Flynn's property.
That same day, FDEP environmental administrator Shannon Schmidt reported internally that Flynn's consultant described the county-permitted plans as involving an “upland retaining wall,” which differed from the county permit for a new vinyl seawall in front of an existing wall.
State inspection finds noncompliance
After receiving the August 25 complaint, FDEP opened an investigation. In an August 26 communication to FDEP, Gross reiterated her concern that the seawall could damage her property and shoreline.
FDEP contacted Flynn via email seeking permission to inspect the property, but he declined.
“As to any inspection, respectfully, your request is denied,” Flynn wrote back.
FDEP inspectors instead visited Gross's property on September 30 to examine the neighboring construction. Gross told TBT the inspectors spent several hours reviewing the site and Gross’s documentation.
FDEP found the site in “Significant Non-Compliance.” Inspectors reported approximately 4,603 square feet of red mangroves trimmed or altered without approval, potential wetland soil impacts, and construction of a roughly 143-foot seawall without state authorization.
The report also concluded that the seawall did not qualify for exemption: “The seawall does not meet exemption criteria as it is not level nor connected with the neighboring properties' seawalls,” inspectors wrote.
That finding contrasted with the engineering drawings and Flynn's July description of a seawall connecting to both neighboring structures and following a continuous construction line.
Complaints reach county leadership
On September 30, the same day FDEP inspected the construction, Gross emailed Swetnich, copying Wooten, to alert them to the state investigation.
On Saturday, October 3, Gross escalated her complaints. In an email titled “Illegal Activity,” she contacted Natural Resources Director Charlie Hunsicker about alleged mangrove damage, construction debris entering the river, and a tall wooden retaining wall with substantial fill placed behind it. She offered photographs and access to her property—she also mentioned FDEP's visit.
Gross told TBT that she received a telephone call from Alissa Powers, manager of the county's Environmental Protection Division. According to Gross, Powers said Hunsicker had asked her to call.
Gross also emailed County Administrator Charlie Bishop, Commissioner George Kruse, and Commissioner Tal Siddique. She says that none of them responded.
On October 5, Anthony Gigliotti of the county's Environmental Planning Division and Alissa Powers of its Natural Resources Department separately contacted FDEP about the waterfront construction and the reported state investigation.
Gigliotti subsequently provided FDEP with copies of the county's seawall and dock permits.
“Please note that the seawall plans (BLD2606-1684) demonstrate that the new seawall is located landward of the existing seawall and the mean high-water line,” he wrote.
The reference to an existing seawall is notable given FDEP's August 21 correspondence to Flynn questioning whether such a structure existed.
Gross also exchanged text messages with Stephanie Garrison, a deputy county administrator, in early October, sending photographs and raising concerns about the wooden retaining wall and fill, among other issues. On October 5, Garrison told Gross that county code enforcement staff had received her complaints and were investigating.
In October 6 correspondence with Garrison, Gross also alleged extensive mangrove cutting and offered photographs and video documenting the changes to the shoreline. As Gross continued reporting construction activity, Garrison said she was working with county staff to address her concerns.
Two days later, on October 8, Gross contacted TBT, expressing frustration with what she believed was inadequate action by county officials despite months of reporting concerns about construction on her neighbor's property.
On October 9, Gross sent another detailed complaint to county leadership, including Deputy County Administrator Bryan Parnell and the county attorney's office.
FDEP issues warning letter
On October 22, FDEP issued Flynn a formal warning letter. The letter stated in part, “During this inspection, possible violations of the Mangrove Trimming and Preservation Act (Section 403.9321-403.9333, Florida Statutes), Chapter 373 and 253, Florida Statutes, and Chapter 62-330 and 18-21, Florida Administrative Code, were observed.”
FDEP requested a response within seven days of receipt and emphasized that the warning letter was part of an ongoing investigation, preliminary to any agency action.
Although the county had issued seawall and dock permits and a Certificate of Completion for the seawall, those approvals did not necessarily satisfy separate state environmental requirements.
The state findings nevertheless provided a different assessment of aspects of the waterfront construction that had been the subject of Gross's complaints for months.
Floodplain concerns
Throughout October, Gross continued contacting county officials about construction at the neighboring property, including a separate wooden retaining structure built behind the new seawall.
According to Gross, the structure was constructed using large wooden pilings and posts, followed by truckloads of fill dirt that substantially raised the elevation of the yard behind it.
Photographs captured by Jan Gross document stages of construction of a wooden retaining structure and the placement of substantial fill behind the seawall at attorney Sean Flynn's Bradenton residence. The photographs were taken on various dates during construction. (Photos courtesy of Jan Gross)
Gross also contacted the Florida Division of Emergency Management (FDEM), raising concerns about substantial fill being placed in an area designated as a flood zone and questioning whether the construction complied with floodplain regulations. She estimated that hundreds of tons of soil had been brought to the property, an amount TBT has not independently verified.
On October 28, an FDEM floodplain specialist advised Gross that they had contacted Manatee County about the matter.
In a November 6 follow-up, the same official reported that the county's floodplain administrator had detected violations during a site visit and that compliance actions were underway.
During a November 6 visit to Gross's property, TBT observed the new seawall, the separate wooden retaining structure behind it, and substantial fill that appeared to bring the yard's elevation approximately level with the top of the wooden structure. TBT also observed a constructed dock, while Flynn’s new seawall appeared freestanding and unconnected to existing seawall structures.
County confirms ongoing investigations
TBT has requested copies of the county's final approved engineering plans to determine whether they match drawings submitted to FDEP and whether the completed seawall conformed to the approved design. Manatee County has declined to release the requested plans, citing a public-records exemption protecting certain residential information under Florida law.
Although FDEP's inspection report includes a seawall drawing identified as having been submitted to the county that appears to match drawings submitted to FDEP, TBT has been unable to confirm whether it was part of the final approved plan set.
In a November 13 statement to TBT, Manatee County maintained that complaints involving Flynn's property had not been dismissed or disregarded.
“Manatee County takes concerns regarding potential code violations seriously,” the county stated.
County officials confirmed that multiple departments had visited the property and investigations remained ongoing. Code Compliance was investigating the retaining wall, Floodplain Management was reviewing compliance with floodplain regulations, and Planning had conducted an on-site assessment. The county also confirmed that it sent a Notice of Violation to Flynn by certified mail on November 5, although TBT has not obtained a copy to determine which violations were cited or what corrective actions were required.
During a November 13 telephone conversation, county representatives maintained that the engineering plans were exempt from public disclosure in their entirety under Section 119.071(4)(d), Florida Statutes, which protects certain residential information. They agreed to review that determination further and indicated that the same exemption was delaying the release of the Notice of Violation, although providing a redacted copy remained under consideration.
As of our publication deadline, TBT had received neither the county's final approved engineering plans nor a copy of the Notice of Violation.
Environmental concerns extend beyond the property
Suncoast Waterkeeper, a local environmental advocacy organization, has also sought information from FDEP about the status of its investigation into Flynn's property.
In a November 12 email to FDEP, the organization's executive director, Abbey Tyrna, asked whether the agency had received a response to its October 22 warning letter and what steps would follow if it had not.
FDEP responded the following day, confirming the agency was in contact with the property owners and that its investigation remained ongoing.
Tyrna said the concerns identified in FDEP's October 22 warning letter reflect broader challenges facing coastal ecosystems already under significant development pressure.
“Our environmental laws are compromises with the people, businesses, and operations they are designed to regulate, and therefore provide only a baseline of protection for coastal ecosystems already under tremendous development pressure,” Tyrna told TBT. “When seawalls are constructed illegally, and mangroves are damaged without meaningful consequences, those protections become even weaker.”
“Without swift enforcement, restoration, and accountability, we risk losing the habitats that protect our shorelines, sustain wildlife, maintain water quality, and support our overall well-being,” she added.
In a separate November 13 response to TBT, FDEP also confirmed it had contacted Flynn and that its investigation remained ongoing. The agency indicated that further updates could become available in the coming weeks.
TBT attempted to contact Flynn via email seeking comment on FDEP's findings. Flynn did not respond to our request before our publication deadline.
Whether the ongoing investigations by FDEP and Manatee County will result in additional enforcement action, corrections, restoration, or other mitigation remains to be seen.
For Gross, the months of construction and repeated correspondence have raised broader concerns about the county's approach to enforcing development regulations.
“What they've done next door is dangerous,” said Gross, who believes various aspects of the waterfront construction violate local codes and state statutes.
“The same rules and laws apply to everybody. If one person can get away with doing whatever they want, then everyone can do whatever they want,” she said.
“And if that is the case, if people can do whatever they want, then why do we have all these departments and why are we paying the salaries for employees to work in Development Services, Code Enforcement, and Natural Resources or other departments?”
Gross suggested, “We should just give that money back to the taxpayers.”
Editor's note: TBT has chosen not to publish the residential street address associated with this report as an editorial courtesy. TBT has also made an effort to redact address information from supporting documents linked in this article.
Dawn Kitterman is a staff reporter and investigative journalist for The Bradenton Times, covering local government news. She can be reached at dawn.kitterman@thebradentontimes.com.
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