Special Magistrate John Van Laningham ordered owners and occupants of several Fort Myers Beach properties to bring temporary office trailers, shipping-container-type structures and other noncompliant installations into compliance with local floodplain rules by Oct. 19, 2025, and set a status review for Oct. 29, 2025, to assess progress.

The deadline applies to multiple enforcement cases the town presented at the Oct. 1 special magistrate hearing as part of a wider effort to satisfy FEMA requirements identified in the town
udit. Town Attorney Nancy Stuprich and Code Compliance Director Thomas Yazzo told the magistrate the actions aim to demonstrate the townommunity-wide effort to remedy structures FEMA and the town have flagged as noncompliant with local floodplain rules and ASCE 24-14.

Why it matters: Fort Myers Beach must show it is actively removing or remediating temporary and improvised structures that do not meet the townlood elevation and design standards incorporated in the Fort Myers Beach Code of Ordinances (sections 6-494, 6-501 and 6-525) and the referenced ASCE 24-14. FEMA correspondence from 07/19/2024 and 11/12/2024 was cited by town staff as the basis for many of the notices.

Town presentations and enforcement outcomes

Town staff reported three properties had already come into compliance and asked the magistrate to close those cases. The magistrate asked the townor proposed final orders on those three properties: Leonardo Arms Beach Club I at the address shown in the file, 269 Driftwood Lane (Top Group Investment LLC), and Royal Pelican Townhouse Condominium Association (4501509 Bay Beach Lane). The magistrate accepted the townilings and directed the town to submit proposed orders; each compliant case will carry a $250 prosecutorial cost.

Several cases remain out of compliance and were set to the same Oct. 19 compliance date with a status review on Oct. 29.

- Moss Marina (Harbor Court): Gary Foco, general manager, said the Connex (shipping) containers have been removed and the construction trailer remains. Foco said he expects to remove the trailer and complete work "probably 30 to 40 days" after permit work begins, but town staff told the magistrate they must show compliance sooner because of FEMA-related deadlines. The magistrate entered a final finding of violation, set the compliance date for Oct. 19, reserved imposition of fines and scheduled the Oct. 29 status review. The town will assess prosecutorial costs of $250; the magistrate indicated a potential per-diem fine of $250 a day would be considered if compliance was not achieved.

- Estero Bay Improvement Association / London Bay Development Group (sales trailer at 4400530 Bay Beach Lane): Lisa Van Dien, general counsel for London Bay Development Group, said the sales trailer is licensed under an agreement with the property owner and the lessee intends to remove the trailer by Oct. 19. Town staff documented the structure as noncompliant on 08/26/2025 and provided photo exhibits. The magistrate made a final finding of violation, set Oct. 19 as the compliance date and a status review on Oct. 29. The magistrate noted a $250-per-day fine was available if the property were not brought into compliance but withheld immediate imposition pending the status review; prosecution costs of $250 will apply when the file closes.

- Buffalo Grill (1021 Estero Boulevard): Fred Malone, tenant, said the on-site constructed bar followed earlier town guidance but that FEMA eterminations later changed and the structure is now noncompliant. Malone told the magistrate the business purchased a replacement, code-compliant trailer that is under permitting and expected soon. The magistrate entered a final finding of violation, set Oct. 19 as the compliance date, reserved consideration of a $250-per-day fine for the Oct. 29 status review, and noted a $250 prosecution cost will be assessed when the case closes.

- Lemos Unlimited LLC / Interiors Unlimited (6875 Estero Boulevard): Owner Ruby Pesotti said her company placed a temporary construction trailer after Hurricane Ian to house employees while rebuilding, and she submitted an evacuation plan intended to address safety concerns. Code Compliance Director Thomas Yazzo and Floodplain Coordinator Kelly Defederichis testified the trailer is not elevated to required base-flood elevations and does not have engineered piling plans; staff identified the parcel as a coastal AE/VE zone requiring higher base flood elevations. Magistrate coordinator Tracy Raske confirmed permit records show permit 223500 (temporary use) was issued 11/26/2022 and finaled 11/26/2023, and that the property did not have an active temporary-placement permit eligible for extension. The magistrate found a violation as charged, set Oct. 19 as the compliance date, scheduled the Oct. 29 status review, and reserved consideration of a $250-per-day fine; prosecution costs of $250 will be assessed at closure. The magistrate asked the town to review Pesotti
nd the floodplain manager ocumentation of the proposed evacuation plan and whether it meets FEMA and town standards.

Town staff emphasized that FEMA guidance on temporary removable trailers generally requires such units be removable with light-duty trucks and disconnected by hand (town staff discussed a 4-hour disconnect objective and referenced FEMA guidance documents); the town said leased modular units that require heavy equipment to remove typically do not meet the isconnectable-by-handriteria used for permitted temporary placement.

Discussion, next steps and enforcement tools

Special Magistrate John Van Laningham explained he set a common Oct. 19 deadline to accelerate remediation ahead of the townEMA audit and told respondents that fines could begin as early as Oct. 20 if properties remained out of compliance, but he withheld immediate fines to allow the Oct. 29 review. He told parties the immediate priority was to get properties into compliance and ordered the town to provide the magistrate with proposed final orders for the three cases already documented as in compliance.

The town said it will follow up with respondents on permitting and will provide the magistrate materials about each property's compliance status for the Oct. 29 review. The magistrate noted prosecutorial costs of $250 would be imposed to close each file once an affidavit of compliance is filed.

The next status review of these cases is set for Oct. 29, 2025. The magistrate also noted an expanded calendar on Oct. 29 to address additional FEMA-related and work-without-permit cases.