After Sarasota County staff was preparing to deny a permit to remove protected mangroves from publicly owned shoreline along Lemon Bay in December 2023, Commissioner Ron Cutsinger pushed to have the county abandon that same land next to property he owned and a nearby parcel he later purchased, newly obtained public records show.
The public land — conveyed to the county in 1998 as part of a preservation gift — later disappeared from the Property Appraiser’s public map after a meeting prompted by Cutsinger.
The land was zoned open use conservation by a 1975 county ordinance and sits next to the Lemon Bay Aquatic Preserve. Aquatic preserves are state-owned sovereign submerged lands in areas which have exceptional biological, aesthetic, and scientific value. Mangroves act as natural protection for shorelines and support biodiversity by serving as critical nurseries for fish and wildlife.
The records show a rapid shift in approach within weeks of the planned denial of the permit Cutsinger sought. After Planning Director Matthew Osterhoudt was informed that staff intended to deny the permit, he directed that no formal action be taken until meetings were held.
At least seven internal meetings followed the pause. Attendance differed across the sessions, but participants included county legal staff, the county administrator, and, at times, Cutsinger. During that same period, staff began discussing a survey in anticipation of abandoning the public land.
By the time of a March 5, 2024 commission meeting, the issue had moved from whether mangroves could be trimmed in a county right-of-way to whether the county should abandon the property and vacate the right-of-way altogether — steps Cutsinger helped set in motion.
Before the March 5 commission meeting, Cutsinger pulled his offer to purchase the adjacent parcel after expressing concerns to the owner about the mangrove restrictions. He later renewed the deal after the March 5 vote by his fellow commissioners greenlighted moving forward with a survey and potential street vacation of the adjacent public land.
During an interview with the Florida Trident, Cutsinger denied that the restrictions on altering mangroves caused him to withdraw his offer. “That had absolutely nothing to do with pulling the offer,” he said. But after follow-up questions from the Trident, Cutsinger said he “misspoke” and acknowledged he had initially decided not to move forward after raising concerns about the ability to trim the mangroves, before ultimately choosing to proceed with the purchase of the adjacent property.
An email obtained by the Trident shows Cutsinger communicating with the seller of the adjacent property about the mangroves just one day after the March 5 meeting.
Since the March 5 meeting tens of thousands of dollars in taxpayer-funded staff time, survey work and legal review have been spent advancing the proposal.
The records collectively show a shift from seeking regulatory approval of a permit to altering the legal status of the land itself.
The permit: “We do not allow mangrove removal from ROWs”
For years, county staff treated the mangrove-lined shoreline along Lemon Bay as county-owned land subject to environmental protections. The county has denied permits seeking to clear or trim mangroves and has pursued enforcement actions against property owners who altered mangroves without authorization. In February 2023, one property owner was fined more than $181,000 for trimming mangroves in violation of county code.
In early December 2023, emails show county staff reviewing a right-of-way permit sought by Cutsinger on property he owned near Keyway Road and Bay Shore Drive.
The permit was initially routed for forestry review, but Environmental Specialist Tom Mallett flagged that the request sought removal of mangroves in a county-owned right-of-way. He alerted his supervisor, Staci Tippins.
Tippins’ review notes show she intended to deny the permit, writing: “We do not allow mangrove removal from ROWs.”
Mallett expressed concern in a Dec.11, 2023 email, stating: “This is the suspiciously second request to clear the county ROW in the area of Englewood in the last week. Other lot owner had to be repeatedly reminded it was not his property.”
Tippins’ planned denial was quickly elevated to senior staff with a notation that the permit had been “applied for by a current commissioner.”
Minutes later, Osterhoudt intervened, asking to be briefed “before any actions are taken.” Four days later, he ordered a complete pause, writing to Environmental Protection Division Manager Rachel Herman: “Rachel, please ensure formal action is not taken until we meet.”
The permit was paused. County records reflect no formal action was taken and the permit remains open and under review.
After the Trident requested a 10-minute interview with Osterhoudt, Sarasota County’s Public Information Officer asked for the topics to be covered, which were provided, and subsequently asked that questions be submitted in writing — a request the Trident declined.
Seven meetings before public vote
Following the December 2023 pause, public records show at least seven documented internal meetings concerning the public land.
Meeting participants across various Bay Shore project discussions included County Administrator Jonathan Lewis, Osterhoudt, several county attorneys, and on two occasions, a commissioner.
A Feb. 15 entry describes a one-hour meeting with Cutsinger, County Attorney Josh Moye, and attorney Bill Merrill, who was representing Cutsinger.
A Feb. 22 entry references discussion of a survey before the matter was publicly advanced.
A Feb. 28 entry reflects a meeting with an unnamed commissioner just days before the March 5 commission meeting. The only reference in the published agenda for that meeting was an item under Commissioner Cutsinger’s report labeled “Discuss Bay Shore Drive potential rezone and vacation.” The agenda packet contained a blank page.
Other emails show multiple phone calls and emails between Cutsinger and staff in early 2024, including an email to the Zoning Administrator asking why the land in question could not be rezoned as residential rather than open use conservation.
The March 5 pivot
At the March 5 meeting, neither Cutsinger nor staff mentioned his pending permit to remove mangroves from county-owned land. Instead, Cutsinger urged commissioners to reconsider whether the county should retain ownership of the property at all.
Cutsinger recused himself because he owned one of the parcels at issue. He did not disclose any intention to purchase the adjacent parcel.
Previous reporting shows Cutsinger drafted the motion and advocated strongly for abandoning the county-owned land.
During the discussion, he described the 1998 deed conveying the land to the county as a “spite strip.” He later walked back that characterization after learning that the Hardie family had simultaneously donated nearly 200 acres of environmentally sensitive land now used as public parks.
The commission directed staff to move forward with declaring the land surplus, vacating the right-of-way, pursuing rezoning from conservation to residential, and conducting a survey.
Commissioner Mark Smith asked whether vacating the land would effectively transfer it to adjoining property owners. The response was yes.
The discussion marked a shift from decades of enforcing environmental protections to advancing a plan to abandon the county’s interest in the land.
Shortly after the vote, Cutsinger sold the parcel tied to the permit request. One month later he closed on the neighboring parcel now central to the proposed road vacation.
Taxpayers foot the bill
In June 2024, Sarasota County’s Survey & Mapping Division conducted a survey along Bay Shore Drive. Internal emails estimated the cost at “not to exceed $27,000.”
In separate correspondence, County Surveyor Teri Owen described the Bay Shore Drive effort as being “championed” by Cutsinger.
Time logs from the County Attorney’s Office show ongoing meetings and legal work before and after the March 5 vote. When counting all meeting participants — not just the attorney who logged the time — staff spent more than 200 hours on the issue through mid-August 2025, the most recent date reflected in the records.
Using hourly rates derived from county compensation data, the documented legal and administrative time cost taxpayers more than $60,000. The true cost is likely higher because not all staff time is reflected in the available logs. For example, Osterhoudt — who had primary responsibility for the project — did not independently log his time. Nor do the above figures account for voluminous emails exchanged by county staff related to the project.
The map change
In July 2025, Cutsinger met with personnel at the Sarasota County Property Appraiser’s Office and asked them to remove the county-owned property from the official GIS maps. An internal database notation later read:
- “CLOSED FOR 2025 AS BAYSHORE RD R/W PER THE PLAT AND M/H/W/L SURVEY BY COUNTY SURVEYOR (ATTACHED) PROMPTED BY MEETING WITH RON CUTSINGER ON 7/14/2025.”
When asked by the Trident whether the office relied on the county survey and Cutsinger’s representations to make the change, Chief Deputy Brian Loughrey responded, “That is correct.”
Property Appraiser Bill Furst described the map change as rare and emphasized that GIS maps are not survey-quality and do not determine legal title. Nonetheless, the county-owned strip was removed from the public-facing map.
Cutsinger also lobbied Furst in January 2024 about the same issue. At the time, Furst characterized the inability of residents to trim mangroves as “ridiculous” and sent a surveyor out to see if the mangroves were blocking residents’ view of the bay.
Furst told the Trident he did not intend to imply that residents should break the law and cut mangroves. Furst said he does not show favoritism regardless of a public officials’ position. “Had a citizen called with the same questions asked by the Commissioner, my answer would have been the same,” Furst said.
Dueling legal opinions
Two prominent local attorneys have taken different positions on the land controversy.
In August 2025, Matt Brockway with the Icard Merrill law firm issued a written opinion arguing that the county may not own parts of Bay Shore Drive because of historical property transfers predating Sarasota County’s formation.
A recent letter from the Bentley, Goodrich and Kison law firm disputes that conclusion, stating that the 1998 deed properly conveyed the land to the county and that it remains public property intended for preservation. The letter points out that some residents believe the efforts to vacate the gifted land would allow them to take title of the land all the way to Lemon Bay.
“This is definitely a complicated issue that deserves a further investigation,” Morgan Bentley told the Trident. “If nothing else, it seems apparent that the original owners and the County have intended these lands to remain in conservation for the last several decades,” He also noted the flood prevention and storm surge benefits of mangroves is a good idea.
Ralf Brookes, an environmental land use lawyer, was asked by the Trident to independently review the history and competing legal opinions. His response was more direct: “This land should remain in public ownership. It is clearly in the public interest. The County Commission should honor the families extraordinary gift of this environmentally priceless and valuable conservation land and should preserve it rather than give it away.”
The conflicting opinions frame the legal battle ahead.
Next Steps
A 2025 Planning and Development Services memo recommends setting a public hearing to consider vacating portions of Bay Shore Drive. No hearing date has been scheduled.
Residents will have an opportunity to weigh in before the commission makes a final decision.
About the Author: Michael Barfield is an award-winning investigative reporter for the Florida Trident who helps strengthen transparency and accountability across Florida. He assists reporters and the public with public records questions and requests, and he oversees and supports the organization’s litigation to enforce open government. He’s a frequent lecturer on Florida’s Public Records Act and Sunshine Law, serves on the governance committee of Investigative Reporters & Editors, and is a member of the Society of Professional Journalists. The Florida Trident is an investigative news outlet focusing on government accountability and transparency across Florida. The Trident was created and first published in 2022 by the Florida Center for Government Accountability, a non-profit organization that facilitates local investigative reporting across the state.
