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Magistrate gives First Baptist Church 30/60-day schedule to meet FEMA elevation requirements
Summary
Special Magistrate John Badang set a 30‑day status check and a 60‑day final review for the First Baptist Church of Fort Myers to move and elevate three trailers so they meet floodplain (BFE+1) requirements; the town’s floodplain administrator said a surveyor must certify the finished-floor elevation.
Special Magistrate John Badang set a 30‑day deadline for the First Baptist Church of Fort Myers to move and elevate temporary worship trailers at 134–138 Connecticut Street, with a status review at the next hearing and a 60‑day final review for full compliance documentation.
Why it matters: The town says the three trailers used as worship space are not elevated to the required base flood elevation plus 1 foot and therefore do not comply with FEMA-aligned floodplain rules; compliance requires an elevation certificate prepared by a licensed surveyor. Noncompliance could lead to fines or lien certification if not corrected within the established time frame.
Details and testimony: Officer Yazzo reported the matter remains noncompliant as of Sept. 1. Pastor (identified only in the record as Pastor) told the magistrate the church had submitted what it believed to be a current elevation certificate and said the trailers are “strapped to the ground” and used as worship space. The pastor asked the town to clarify the exact elevation to avoid unnecessary expense.
Floodplain administrator Kelly Defedericis testified that a surveyor is required to identify and certify the finished‑floor elevation and to prepare the FEMA elevation certificate. Defedericis explained that the required finished-floor elevation is the base flood elevation (BFE) plus 1 foot, and that the certificate must show the raised elevation after work is complete. She also warned that flood-zone boundaries vary across the parcel; depending on the trailers’ new positions, the required finished-floor elevation could be higher (for example, BFE+1 equating to 12 NAVD in the town’s examples, or higher if the trailers move into a different zone).
Pastor told the magistrate, “it is going to cost me $12,000 to do,” referring to the expense of moving and elevating the trailers, and asked for clear guidance. The pastor also said the trailers house about 150 people when used for worship and that the church believes it previously submitted elevation documentation to town staff.
Magistrate Badang set a compliance process: the town and respondents will attempt to move and elevate the trailers and provide a status update at the next scheduled hearing (the clerk noted the next hearing date is Oct. 1, 2025, 29 days from Sept. 2). The magistrate directed a status check in approximately 29 days and a final review at 60 days; if the trailers are not moved and elevated in the time allowed, the town may seek further formal enforcement, up to certification of a lien.
The floodplain administrator advised that the church should submit a survey or a marked plan showing the trailers’ proposed new locations so staff can confirm whether the site remains in the same flood zone or encroaches into a higher one; that delineation will determine whether the finished-floor requirement is BFE+1 or higher.
Ending: The magistrate left the case open for a 30‑day status review and a 60‑day final compliance review. The town clerk and staff will accept proposed site markings and plans from the church; if the church cannot show timely progress, the town will return to the magistrate for potential certification of fines or lien action.
