SARASOTA, Fla. — In Sarasota County, the controversy over whether to curb some charter boat and adventure tour businesses from docking in county parks is still unresolved.
A plan to enforce an already existing ordinance that would curb some charter boat and adventure tour businesses from operating in county parks without a permit is on hold. Some say the matter is more of a parking issue while others said it could cost them their livelihoods and impact the public's access to some recreational activities.
The issue has pitted some small businesses against each other with some saying the status quo has created an unfair advantage to some businesses and is eating into their bottom line. However, some business owners want to find a middle ground where all affected sides can find a compromise.
The uproar from some charter boat operators forced Sarasota County Commissioners to shelve the plans to enforce rules for using public docks.
According to county officials, chapter 90 of the county's ordinance prohibits commercial activity within parks without a permit but some operators said the threshold to attain one is untenable for many of them.
"For the rest of the boating community, I think it's going to destroy us," said Matt Fueyo with Reel Tight Fishing Charters.
Nearly 75 charter captains and up to 125 various water sports and adventure tour companies use county docks to pick up and drop off customers. The vehicles of some of those customers as well as some operators' trailers often take up parking spaces.
Fueyo said many in the area rely on and help bring in tourism dollars with their watercraft business. He said if the county clamps down, it would affect many families and how those businesses would be able to serve the community.
"It's going to clutter up a lot of the locations that we can pick up. Come to find out we could possibly pick up at Harts Landing but the parking there is even more challenging," he said.
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On the other side of the issue are permitted business operators, some of whom have had to lease property to operate.
"I used to be that small guy that was operating just a few years ago from these county parks and was dealt with a swift and heavy blow by Sarasota County," said Richard Campbell of Siesta Key Aqua Adventures. "Enforcement needs to happen. These are taxpayer parking spots.
"If somebody wanted to, say some taxpaying citizens or residents, wants to use the park, they're not able to because it's flooded with businesses that are illegally operating from the parks so it's a big issue."
Several watercraft business operators share a dock with Campbell's business through a leasing arrangement they have entered with him. Some of those business owners felt that in light of the obstacles they had to go through to be legal, the lack of enforcement makes it appear as though the county is subsidizing some businesses over others.
"It's not fair that we've got to rent. We've got to have a waterfront lease to be able to operate the business and there are a bunch of people just bringing trailers to the boat ramps and meeting their customers there," said Brandon Paonessa, a permitted jet ski business operator.
Paonessa said some of those businesses operating out of the parks are also doing things that could be considered detrimental to the environment and the cleanliness of such public spaces.
"The boat ramp has been turned into a refueling station where people are bringing gas cans, refueling in the parking lot, doing oil changes, small repairs, and all that kind of stuff right there in the county park," he said.
While they would like to see everyone get permitted, they agreed the county should make it easier for such businesses than what currently obtains.
"Permits are just half the battle. Do you know in order to obtain these permits, that they are going to require for these businesses you have to either own or lease commercially zoned property that is directly along the waterway in which you are conducting your business," Campbell said.
He added that many of those business operators cannot afford such costs and this has created an environment where some have found a loophole to skirt around the ordinance.
Campbell, Fueyo and other operators have suggested some compromise options that could help solve the issue.
The list of ideas includes either building a one-stop marine recreation business park, assigning a particular dock for charters and tours, creating a regulated county membership program that would come with a decal for vessels or creating incentives for waterfront businesses including restaurants to share their docks with recreational watercraft businesses.
"We've got commercial slips, we've got access points for different companies to operate their businesses legally. So if you were to lease a space from this spot, you can get the permit and then the county will be off your back," Campbell said.
"It's really a two-prong challenge for this type of activity and we will continue to look at options to bring back to the board early next year," said Nicole Rissler, director of Sarasota County Parks and Recreation.
According to Rissler, the county would not enforce the ordinance but has instead asked for voluntary compliance from business operators.
County officials also want the public to be a part of the solution to the parking issues created at the county parks due to tour activities.
"If they can ride share, if they can use Uber and not take parking spots for the day or half a day when they're out on a charter that's probably the best thing someone can do right now," Rissler said.
Sarasota County staff have begun work on a proposal that would clarify the language of the current ordinance and also provide a long-term solution that would be palatable to all sides of the conversation.
They hope to present those options before the county commission as early as January 2024.