Florida
Florida lawmakers try to move aquatic preserve’s boundary to benefit developer – Florida Phoenix
Hollywood is famous for its ability to spin colorful worlds of wild fantasy. Elves and dwarves fight over jewelry in “The Lord of the Rings”! Drug addicts ride giant worms in “Dune”! Old dudes battle with big flashlights in “Star Wars”!
But nothing compares to the unbelievable flights of fancy spun by our fine Florida Legislature. Protecting Confederate monuments is saving history while we ban history books! Rainbow flags are a bigger threat to our children than guns! Lots of plastic litter is better for business than a clean landscape!
Over the weekend, I heard about one that was new to me. It’s a bill to cut a chunk out of one of the state’s aquatic preserves. It’s being pushed as a way to help hurricane victims by clearing up an error on an old map. Actually, it’s being done for the benefit of a developer.
“It’s not a clarification,” said James Douglass, a marine science professor at Florida Gulf Coast University. “It’s a steal.”
The bill in question is SB 1210, sponsored by Sen. Jonathan Martin, R-Landgrab. As it turns out, Martin’s also the sponsor of the bills to protect Rebel monuments, ban Pride flags, and promote plastic litter. He may be a Fort Myers lawyer by trade, but I think he missed his true calling as a screenwriter. The man clearly has enough imagination for a dozen George Lucases!
I got an earful about Martin’s bill and its House companion, HB 957, from a variety of outraged Southwest Florida environmental advocates. They view it as an attack on one of their area’s most precious natural assets, Estero Bay — a sneak attack, in fact.
“None of us knew what was going on,” said Terry Cain, president of the Estero Bay Buddies, an environmental nonprofit focused on that estuary. “We didn’t have any explanation for what was happening.”
The first preserve
The 13,000-acre Estero Bay Aquatic Preserve, created in 1966, isn’t just any old aquatic preserve. It was the first of Florida’s 42 aquatic preserves.
“It was the first aquatic preserve in the world, and it formed the model for all the rest that would follow,” said Jim Beever, a retired biologist and planner who once headed the Estero Bay Agency on Bay Management.
Back then, the water was so clear, anglers said, that you could drop in a coin and when it landed on the bottom, you could tell if it was heads or tails. The fishing was diverse and the catches plentiful.
Then, in the 1950s, along came a developer who wanted to turn the beautiful bay into a city of thousands of people. The plan called for walling off 18 miles of the coastline and dumping in 17 million cubic yards of fill. So long to the clear water and the tasty fish.
An avid Fort Myers angler named Bill Mellor, a square-jawed World War II veteran, didn’t like the idea of ruining such a pristine and productive waterway just for someone to make a profit. He organized a group called the Lee County Conservation Association to save Estero Bay.
Mellor’s organization became so popular that more than half the county’s voters joined. They could see the damage being done to other bays around the state and didn’t want that to happen in their own back yard.
They fought for eight years and, according to the Fort Myers News-Press, “along the way, Mellor’s phone was tapped and he gathered a handful of death threats.” Opponents hurled insults at them, like “Communist” — a powerful accusation in the ’50s and early ’60s.
But they won, thanks to a U.S. Supreme Court precedent from the 1800s that said any land below the tide line belongs to the public, not a private owner. That blocked any attempt at filling it in. The Legislature then passed a bill to create the preserve.
“The Legislature listened to the citizens,” Beever said. (Boy, how times have changed!)
Estero Bay’s preserve worked so well that in 1975 lawmakers passed a second bill to establish other preserves around the state. Our aquatic preserve system now protects about 2.2 million watery acres.
By sparing Estero Bay, Mellor and his fellow advocates made sure it would be one Florida waterway where you can still find lots of mangroves and seagrass beds, with abundant marine and bird life all around.
“For years, everything had been operating just fine,” Beever told me.
And then, last fall, came the first inkling of trouble.
As fictional as the Skywalker saga
Maybe it’s because I’ve been a Florida journalist for such a long time, but it seems to me that whenever people try to hide what they’re up to, what they’re up to is no good.
Everyone I talked to about Estero Bay said the first clue there would be an attack on the preserve arrived in November. That’s when they saw a cryptic public notice in the Fort Myers News Press.
“Notice is hereby given,” it said, “of intent to apply to the Florida Legislature, in the 2024 regular or any special or extended legislative sessions, for passage of an act relating to aquatic preserves, amending Chapter 75-172 or Section 258.39(28), Florida Statutes, relating to the boundaries of the Estero Bay Aquatic Preserve.”
That was it. A big wad of gobbledygook with no specifics about what sort of change there would be or who would be pursuing it.
“No one knew what it was,” said Nicole Johnson of the Conservancy of Southwest Florida.
Phone calls and emails to the region’s lawmakers went unanswered, and other elected officials professed ignorance.
The Lee County legislative delegation held not one but two public meetings to talk about their bills for the coming session. The boundary of the Estero Bay Aquatic Preserve didn’t come up once. The lawmakers’ intentions remained hidden.
“It seems blatantly obvious that they were trying to sneak this through before anybody caught on,” said Charlie Whitehead, former president of the Fort Myers Beach Area Civic Association.
But then, just after New Year’s Day, Martin and Rep. Adam Botana of Bonita Springs filed the bills that revealed the plot at last..
“This cuts 255 acres out of the aquatic preserve,” said Cain. She called that large of an amputation “radical.”
But Martin, in two Senate committee hearings, said it was just a correction to a teeny-tiny mapping mistake.
“This [area] was never intended to be part of the aquatic preserve,” Martin told the Senate Appropriations Committee on Agriculture, Environment, and General Government last week. “This fixes that glitch.”
He told them the “glitch” was hurting shrimpers on San Carlos Island. The shrimpers there boast of being the Gulf of Mexico’s largest commercial fishing fleet. Because of the preserve rules, they couldn’t rebuild the docks that had been wrecked by Hurricane Ian, he told his fellow senators.
That’s why those poor storm victims needed the Legislature’s help, he explained. By taking their little sliver of the bay out of the preserve, the lawmakers could help these poor commercial fishermen rebuild their multi-generational livelihood.
Sen. Martin spun a similarly sad tale to the Senate Environment and Natural Resources Committee last month. He didn’t hand out hankies to committee members, but that was about all he didn’t do as he labored to emphasize the purity of his intentions.
Because he pitched his bill as a mundane matter to help storm victims, neither committee spent more than five minutes on it and everyone in both parties voted for it. Although Botana’s bill has stalled, Martin’s has just one more committee stop before it reaches the Senate floor.
There’s one problem with Martin’s story to his fellow senators: It’s as fictional as the saga of the Skywalkers.
“It’s just blatantly false,” Whitehead said. “I hate to call the man a liar, but he’s a liar.”
No glitch at all
Let’s start with what the bill will actually do to the preserve.
According to the Estero Bay Buddies, the proposed exemption includes not only the commercial docks Martin mentioned “but the waters and seagrasses of Matanzas Pass, the mangrove forest areas of the west end of San Carlos Island, the entire northern shoreline of San Carlos Island, and the waters, seagrasses, and mangrove islands of Hurricane Bay. All these submerged resources that have been afforded protection for over 58 years will lose that protection.”
You can see why Cain called it “radical.”
The rules of the preserve don’t prevent dock repairs for the shrimpers or even maintenance dredging of the channel they use, Cain told me. They can still obtain the state permits they need to fix what the hurricane broke, she said.
As for Martin’s claim that old maps show that area was never intended to be part of the preserve: That’s what’s technically known as a load of hooey. If Martin was Pinocchio, his nose would be five feet long.
As the son of a land surveyor, I know a little something about land. What counts is what’s in the legal description of the property.
The area that Martin wants to cut out has been included in the legal description of the preserve since its creation in 1966, according to the Estero Bay Buddies. If it was intended to be excluded from the preserve, as Martin claimed, it would not have been mentioned in the legal description. There was no glitch that needed fixing.
“The written legal description is very clear,” Cain told me.
The secrecy around Martin’s and Botana’s bills was a dead giveaway that the lawmakers were pulling a fast one, Whitehead said.
“If it was legitimately fixing a glitch, then why not vet it through all the public hearings?” he said. “Let all the environmental groups have a chance to comment on it. Instead, they tried to sneak it through.”
So, what’s really going on here?
A favor for a developer, of course.
An award for storytelling
The News-Press figured this out before I did. It reported that there was a planned 300-slip marina project on San Carlos Island called Bay Harbor Marina Village LLC that would be the real beneficiary of the Botana and Martin bills.
To make that marina work, Bay Harbor wants to dredge a sizeable channel through an area that’s been protected for five decades. Among other things, such a channel would likely destroy a large sandbar that’s known as a roosting spot for lots of seabirds.

“They want to dredge it so people can get their yachts in,” said FGCU biology professor Nora Demers, who told me she likes to watch the wildlife gather on the sandbar.
Such a major dredging project would be devastating not just to the sandbar but to the preserve as a whole, Douglass told me. It would affect the bay’s water quality, the mangroves, the seagrass beds, and the marine life that depends on all of those factors.
Not even the part of Martin’s story about the hurricane is accurate. This marina project started a couple of years before Hurricane Ian hit, according to James Ink, an engineer who’s been working on the project.
“It’s all about the dredging and the ability for the dredging to occur,” Ink told me. “It’s damn near impossible to [get a] permit [for] a dredging project in an aquatic preserve.”
Ink said he could see why a lot of people felt blindsided by the attempt to change the preserve boundaries, but that wasn’t his decision. He recommended talking to Martin and Botana about why they chose to make an end run around the public.
I tried to reach both of them, but they were apparently playing another round of legislative hide-and-seek and didn’t respond.
Their attempt to move the Estero Bay preserve’s boundaries to accommodate a developer is indicative of what that whole southwestern region is going through right now, Demers said.
“We’re at a fork in the road to determine how we recover from the hurricane,” she told me.
The barrier islands can rebuild the way they were or developers can turn them into overpriced concrete condo and hotel canyons that working people like the shrimpers can’t afford, she explained.
This is just another example of how the word “preserve” in Florida doesn’t mean what Mr. Webster’s dictionary says it means. We declare some lovely parcel like Serenova, Split Oak Forest, or Point Washington to be an important preserve. But as soon as some developer needs a piece of it, the “preserve” isn’t preserved anymore.
As for Sen. Martin, if he worked in Hollywood, I’m sure he’d be vying for an Oscar for best screenplay. I think someone should create a similar award to salute his creative storytelling abilities in his current job. How much would it cost for a bust of Pinocchio with an adjustable nose?
Florida
Florida woman on 2026 “100 Women to know in America” list
Charmaine Hickey, of Lang Realty in Port St. Lucie, was named in KNOW Women’s “100 Women to KNOW in America” list.
A Treasure Coast woman was named in a “100 Women to know in America” list for 2026.
KNOW Women is a global media company dedicated to giving women leaders connections and visibility. The company released a list of “100 Women to know in America” for 2026 to highlight the most influential women in business and leadership.
Charmaine Hickey, who works for Lang Realty in Port St. Lucie, was on the list.
“Charmaine’s recognition on a national stage like this comes as no surprise,” said Scott Agran, president of Lang Realty in a news release. “Her leadership, integrity, and commitment to both her profession and her community exemplify what this award stands for. She represents the very best of our industry.”
Hickey holds many industry designations and is known for her expertise in complex real estate transactions, as well as her client-first approach defined by honesty, patience and attention to detail, according to the news release.
Her community involvement includes serving on nonprofit boards, mentoring emerging leaders and supporting initiatives focused on education, women, families and youth.
“I am truly honored to be recognized among such an inspiring group of women,” said Hickey in the news release. “This award reflects not just individual achievement, but the power of community, mentorship, and lifting others as we grow. I’m grateful to be part of a network of women who are building meaningful impact every day.”
To see the full list go to theknowwomen.com.
Olivia Franklin is TCPalm’s trending reporter. You can contact her at olivia.franklin@tcpalm.com, 317-627-8048 or follow her on X @Livvvvv_5.
Florida
Florida surgeon ‘devastated’ over death of patient after removing liver instead of spleen
A Florida surgeon who is facing criminal charges after allegedly removing a patient’s liver instead of his spleen has said he is “forever traumatized” by that person’s death.
In a deposition from November that was recently obtained by NBC, 44-year-old Thomas Shaknovsky described the death of 70-year-old William Bryan as an “incredibly unfortunate event that I regret deeply”.
Bryan died after the botched surgery; and in April, a grand jury in Tallahassee indicted Shaknovsky on a charge of manslaughter.
“I’m forever traumatized by it and hurt by it,” Shaknovsky added, also saying that wrong-site surgeries can happen “during difficult circumstances”.
The deposition provided Shaknovksy’s first detailed account of the operation that killed Bryan and eventually garnered national news headlines.
According to Shaknovksy’s deposition, after removing Bryan’s liver, the surgeon instructed a nurse to label the organ as a “spleen” – and he also identified it as a spleen in Bryan’s postoperative notes. Shaknovsky later said he had been “mentally compromised” at the time of Bryan’s death, explaining that he was “devastated, demoralized, crying over his passing, felt that I failed him”.
A lawsuit filed by Bryan’s widow, Beverly Bryan, accuses Shaknovsky of medical malpractice. The suit alleges that he “wrongfully omitted any reference to Mr Bryan’s liver being removed in order to ‘cover up’ his gross negligence/recklessness and to hopefully avoid the embarrassment due to such derelict care”, as NBC reported.
In April, the Walton county sheriff’s office said in a statement that Shaknovsky’s actions inflicted on Bryan “catastrophic blood loss and the patient’s death on the operating table”.
Shaknovsky’s deposition testimony described the chaos in the operating room after Bryan began bleeding extensively, causing his heart to stop. Medical staff performed chest compressions, and Shaknovsky attempted to find where the bleeding was coming from.
“I couldn’t tell the difference because I was so upset,” he said, referring to the organ he mistakenly identified.
“It was like a overflown sink that’s clogged up, and I am looking for a fork at the bottom, trying to feel and find the bleed, and I was not able to do so,” Shaknovsky said. He added: “After 20 minutes of struggling – desperately trying – to save his life, that’s when the wrong-site event took place.
“It’s a devastating thing, which I will have to live with the rest of my life,” Shaknovsky said in the eight-hour deposition reviewed by NBC. “I think about it every single day.”
After the medical team was unable to resuscitate Bryan, Shaknovsky said he went to the hospital’s medical library. “I went there to cry because I was devastated,” he said. “I didn’t want the staff to see me like that.”
Despite a spleen typically being significantly smaller than a liver, Shaknovsky said he believed Bryan’s spleen was “double the size of what is normal” because of a mass on it. Beverly Bryan’s lawsuit, however, states that a medical examiner told her that her husband’s spleen was anatomically “nearly normal”, according to NBC.
Shaknovsky would face up to 15 years in prison and a fine of up to $10,000 if eventually convicted as charged.
Florida
Southwest Florida food scene continues to buzz with openings, closings
Omelet, taco and chicken salad joints are in, while spaghetti gelato, pizza and (for now) wing places are out.
At least when it comes to recent openings and closings on the Southwest Florida foodie scene, that is.
Let’s begin this recap of events in Cape Coral, where a popular breakfast-and-lunch restaurant made its long-awaited debut.
This is where the omelets come in…
House of Omelets
The fourth location of this popular breakfast and lunch restaurant made its highly anticipated debut along Cape Coral Parkway on Monday, May 4.
“It’s amazing,” owner Toni Dedaj said. “I’m very happy. I like this area, the way Cape Coral is growing. And this building is beautiful.”
That building is the eye-catching Bimini Square off Cape Coral Parkway. House of Omelets, which anchors the first-floor northeast corner unit, has a classic European feel. With seating for 89 inside and 40 outside, it’s about half the size of Dedaj’s Pine Island Road location.
“We like it,” he said. “We still have the big menu, but we like the smaller seating area. Service is more personal.”
And speaking of that menu (the same you’ll find at all House of Omelets locations), it is indeed huge, with about 30 signature omelets alone. Add in all the egg dishes (House Slam is a best seller), favorites (like corned beef hash and chicken & waffles), off the griddle dishes (multiple pancake, French toast and waffle options), Benedicts and crepes, and we’re already up to huge without even getting to the lunch items.
Those include appetizers, salads, signature sandwiches (from lobster grilled cheese to Philly steak), burgers & melts, and pitas & wraps. Free parking can be found in the parking garage, shared with neighboring Bimini Basin Seafood.
“It’s easy in and out,” Dedaj said. “Very easy. Come visit us.” Find it at 440 Cape Coral Parkway; (239) 360-8083; there are two locations in Cape Coral and one each in Fort Myers and Naples. Go to houseofomelets.com or follow on Instagram.
Chicken Salad Chick
More than 100 customers were waiting outside when this chicken salad-loving, fast-casual restaurant opened its new Cape Coral location on April 29. Located in the Shops at Del Sol (near Swig!), Chicken Salad Chick has 13 different types of chicken salad, including traditional, fruity & nutty, savory and spicy flavors. Get it in one or two scoops, in a sandwich, in a melt (Bacon cheddar or chicken) or in a BLT. A turkey club is also available. It’s all scratch-made, just like the sides which include broccoli, grape and pasta salads, fresh fruit, mac ‘n cheese and soup. A few desserts (white chocolate layer cake and signature cookies) are also on the menu. Get it all by dining in, driving through, taking out, or by delivery. It’s open 10 a.m. to 8 p.m. Monday through Saturday. Go to chickensaladchick.com or follow on Facebook for more.
Point Ybel Brewing
We recently checked out this brewery’s new downtown Fort Myers location off First Street in the Fortiner Building, and we love it. It’s all the good things from the original San Carlos Boulevard location plunked down in a lighter, brighter space (and it’s next to another Chocolattes location!!!). With 17 taps, you’ll find all the same award-winning beers Point Ybel is known for — including Sanibel Light, Snook Bite IPA, Sanibel Red and (our favorite) The Full Breakfast stout. Even though it’s only been open since April 11, it’s already right at home with a full slate of events — from live music and yoga to trivia and music bingo.
“This is a new chapter for us,” owner and brewer Jordan Weisberg said. “We’re excited for it. We want to build the same community downtown that we have (in south Fort Myers).”
It’s off to a great start. Drop by 2451 First St., Fort Myers; (239) 603-6565; pointybelbrew.com and on Facebook
Turco Taco
With three locations in Naples, this fast-casual taco joint has finally come to downtown Fort Myers. It opened April 24 at 2451 First Street. In a former office space, it’s across from Fort Myers Regional Library, on the northwest corner of First and Bay streets. Turco Taco is known for its fresh and bold gourmet Mexican-Turkish fusion tacos, gourmet quesadillas and organic salads. We can’t wait to check it out. (239) 344-7732; theturcotaco.com or on Facebook
Capriotti’s
We’ve already reported that this popular Delaware-founded chain opened a Cape Coral location on April 28 in the Shops at Del Mar off Pine Island Road. But can we just say that The Bobbie — billed as the original Thanksgiving sandwich — lives up to the hype? The slow-roasted turkey (cooked overnight and hand-pulled in the morning), house-made stuffing, cranberry sauce and mayo combination won us over on the first bite. Order it hot or cold, in 4, 8, 10 or 18-inch sizes. And if you’re not feeling Thanksgiving-y, Capriotti’s has plenty of other options, including cheesesteaks, tuna, classic Italian, BLT, meatball, Capastrami, Wagyu beef sandwiches and more. Find it all at 327 SW 10th Place, unit 202, Cape Coral; (239) 471-0469; capriottis.com or follow on Facebook.
Closings
The Fat Apple: The sign is down and the doors of this pizza joint in North Fort Myers are locked. After nine years, this staple in the Publix-anchored Eagle Landing plaza off Bayshore Road has permanently closed. It steadily built a loyal following after Guy Beekman, who owned the legendary Birdie’s Pizza in Fort Myers for 20 years, opened it in July 2017.
Spaghy Gelato: This small Cape Coral shop in Chelsea Place off Del Prado Boulevard has closed. “Cape Coral … thank you,” an April 28 post on its Facebook page read. “Because of your support, your love, your energy … we’re taking the next step. We are officially relocating to the East Coast.” It was known for its viral spaghetti gelato — handcrafted gelato shaped into spaghetti form and topped with a variety of toppings. “Thank you for the memories, the laughs, and for believing in something a little different,” the post concluded.
Wingnuts: After spending the last 15 years at 231 Del Prado Blvd. in Cape Coral, this popular chicken wing restaurant is closing. For now, anyway. “Our time at this location has come to an end,” an April 30 post on the Pub & Grub’s Facebook page read. “Our last day will be May 16th. HOWEVER, we will be moving to a new location soon.” It’s currently in Moderna Plaza, north of Cape Coral Hospital and south of Hancock Bridge Parkway (where the recently closed Misto Bar & Grill was). “Although it will take us time to relocate the restaurant, we will keep you posted, EVERY STEP OF THE WAY,” the post continued. “… We look forward to seeing you in the very near future. Our thanks again for all your support.” Follow along on Facebook for updates.
Robyn George is a food and dining reporter for The News-Press. Connect at rhgeorge@fortmyer.gannett.com
Please support local community journalism and stay informed about Southwest Florida news by subscribing to The News-Press and Naples Daily News; download the free News-Press or Naples Daily News app, and sign up for daily briefing email newsletter, food & dining and growth & development newsletters here and here.
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