Jorg Busse, Plaintiff

P.O. Box 1126

Naples, FL 34106-1126
239-595-7074

Tuesday, March 27, 2007

U.S.P.S. CERTIFIED MAIL RECEIPT # 70051820000620983896 WITH RETURN REC.

Lee County, Florida
Lee County Attorney
Hon. David M. Owen
P.O. Box 398
Fort Myers, FL 33902
OWEND@LEEGOV.COM

Certified Fax to 239-335-2118, on 03/27/2007, P.M.

RE:

Your Failure to Reply and/or Settle the Allegations and Issues of Interest Raised;

Cayo Costa PB 3 PG 25 Lot 15 A Boat Dock Permit Application.

Dear Ann:

Thank you for our follow-up conversation on Friday, March 23, 2007, regarding the
correspondence with your Office pertaining to Lot 15A on Cayo Costa Island, Lee
County, Florida.
You stated that at that time the Lee County Attorney’s Office was unable to provide and
substantiate the requested documentation of its alleged ownership and/or interest
claims, that your Office was continuing to research the matter, and that your Office was
to provide me with an official answer on Monday, March 26, 2007.

1. Please note that Official Record 2967, Pages 1084, 1085, and 1086 [Number
4400351] state:

“COUNTY DEED

(Statutory)
This Deed, executed this 24th day of March, A.D., 1998, by LEE COUNTY, FLORIDA, A

POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose address is Post

Office Box 398, Fort Myers, Florida 33902-0398 first party, to Alice M.S. Robinson,

whose address is 4201 North Seminole Avenue, No. 2516, Tampa, Florida 33601,

second party …

… has granted, bargained and sold to the said second party, its heirs and assigns

forever, the following described land, lying and being in Lee County, Florida:

SEE ATTACHED EXHIBIT “A”

[12-44-20-01-00013.0020; 12-44-20-01-00013.0030; 12-44-20-01-00014.0010;

12-44-20-01-00014.0070; 12-44-20-01-00014.0140; 12-44-20-01-00015.0060;

12-44-20-01-00015.010A; 12-44-20-01-00015.0160; 12-44-20-01-00015.0180;

12-44-20-01-00015.018A; 12-44-20-01-00015.0220; 12-44-20-01-00015.034A;

12-44-20-01-00016.0030; 12-44-20-01-00016.0070; 12-44-20-01-00016.0120;

12-44-20-01-00016.0140; 12-44-20-01-00016.0170; 12-44-20-01-00016.0210;

12-44-20-01-00016.0220; 12-44-20-01-00042.038A.]

This grant conveys only the interest of the County and its Board of County

Commissioners in the property herein described, and shall not be deemed to warrant

the title or to represent any state of facts concerning the same.

IN WITNESS WHEREOF the said first party has caused these presents to be executed

in its name by its Board of County Commissioners acting by the Chairman or Vice

Chairman of said Board, the day and year aforesaid.”

“All of the first party’s interest, if any, in those certain lands which have accreted

to the following described lots, said lots being located within that certain

subdivision known as Second Revised Plat of Cayo Costa, according to the map

or plat thereof filed and recorded in the Office of the Clerk of the Circuit Court of

Lee County, Florida, in Plat Book 3, Page 25, Public Records of Lee County,

Florida, to wit: Exhibit “A”, pages one and two.”

2. Hereby, Plaintiff again advises Lee County that riparian rights only exist for riparian

owners. Crutchfield v. F. A. Sebring Realty Co., 69 So.2d 328 (Fla. 1954). Riparian

rights arise out of ownership of riparian upland and are appurtenant to and

inseparable from the riparian land. The properties/lands identified in “Exhibit A” do

NOT appear to meet these criteria.

3. Deprivations of riparian rights are unconstitutional: Deprivations of riparian rights are

an unconstitutional taking.

Florida’s law is clear that riparian rights cannot be severed from riparian uplands

absent an agreement with the riparian owner, not even by the power of eminent

domain. See Belvedere Dev. Corp. v. Dept. of Transp., 476 So.2d 649 (Fla. 1985).
4. Riparian rights are appurtenant to and inseparable from riparian land, and riparian

rights ordinarily pass with a grant of the abutting upland property. Conveyance of

title entitles the grantee riparian to riparian rights running with the land whether or

not they are mentioned in the deed. See Fla. Stat. 253.141(1); see also Board of

Trustees of the Internal Improvement Trust Fund v. Sand Key Associates, Ltd., 512

So.2d 934 (Fla. 1987).

• Please provide ‘satisfactory evidence of sufficient upland interest’ for the

properties in “Attachment A”, including warranty deeds, chain of title,

certificates of title, should Lee County and its Board of Commissioners

claim any.

• Please disclose any and all “state of facts concerning the same [properties

described in the above Attachment A]” to the Honorable Circuit Court.

• In addition, please provide surveys, aerial photographs, and coordinates

depicting the properties described in the above Attachment A.

• Please identify accreted lands and abutting uplands and explain how

lands could have possibly accreted to “dry”, “non-riparian” lots.

Please note that Blocks 13 and 16 are altogether “dry” and “non-riparian” as per the

said ‘Plat of Cayo Costa’.

5. Fla. Admin. Code: The provisions of Fla. Admin. Code Rule are not to be

implemented so as to interfere with traditional common law and statutory riparian

rights of upland property owners adjacent to sovereignty lands. Evaluation and

determination of a riparian right of ingress and egress for private residential dock

slips are based upon the number of linear feet of riparian shoreline. Private

residential docks complying with all provisions of the standards and criteria of

docking facilities, as listed in Fla. Admin. Code Rule 18-20.004(5) are deemed to

satisfy the public interest requirement of Fla. Admin. Code Rule 18-20.004(1)(b).

• Lee County’s evaluation and preliminary determinations regarding Plaintiff’s

ingress and egress appear to interfere with Plaintiff’s riparian rights and to be

discriminatory.

6. Relief from an agency action obstructing riparian rights may be brought in the form

of a taking or inverse condemnation action in circuit court. Fla. Stat. § 253.763.

Repeatedly, you have obstructed my riparian rights, including your categorical denial

of a boat dock permit. Last week, Mr. A. Mead again categorically denied my riparian

rights and rejected my boat dock application. HEREBY, PLAINTIFF AGAIN

APPLIES FOR A BOAT DOCK PERMIT.

7. It has been the admitted strategy of the Government to acquire land and ‘extinguish

and shift Island paths and/or roadways’ thereby “land-locking” the few remaining
 private properties on Cayo Costa Island. See Florida Cabinet Meeting Transcripts

2003. Plaintiff’s riparian property, Lot 15 A, on Cayo Costa Island is surrounded by

Lots 12A and 11A to the North, Lot 14A to the East, Lots 13A, and 10A to the North-

East, Lots 17A, 18A, 21A, 22A, 25A, 26A, 29A, 30A, and 33A to the South-East, and

Lots 16A, 19A, and 20A to the South. The alleged Owner or Record of these Lots

within Block 15 is Defendant “TITF/REC + PARKS, Cayo Costa State Park,

Department of Environmental Protection”. As a result, Plaintiff’s property, Lot 15A, is

“landlocked”.

8. Another admitted and executed Government strategy has been to relocate and shift

Cayo Costa Island paths onto Government property. One example is property 12-44-

20-01-00015.021A; please see Enclosure/attached Exhibit. This strategy is forcing

traffic onto Government land, where the Government can block traffic, access, and

construction. Importantly, the Government’s illegitimate strategies have practically

rendered construction work and transportation of construction equipment impossible

in many cases.

HEREBY, Plaintiff demands that Lee County immediately invalidate any and all

non-riparian grants and conveyances of “accreted lands” and rectify/amend the

Official Records in the Office of the Clerk of the Circuit Court of Lee County.

HEREBY, PLAINTIFF IS AGAIN APPLYING FOR A BOAT DOCK PERMIT.

Respectfully submitted this 27th day of March, 2007,

S /Jorg Busse/
Plaintiff Riparian Landowner and Boat Dock Applicant

239-595-7074

ENCLOSURES

• EXHIBIT: The Governor and Cabinet, Florida Department of State

Governor Bush: “In this case we have private [Cayo Costa] property owners; but it is
the intention to buy the entire island?”

Ms. Armstrong: “That is our goal. We have not been totally successful in buying. You
see the map; there are owners in there. Until you get rid of all those other
owners, we would not go after extinguishing all those roads. Now these are not
publicly dedicated roads. So there is not something for us really to extinguish. They
are coming into us and saying, I own property here; you own everything around it. I
have a statutory right to get to my property…”

• EXHIBIT: 12-44-20-01-00015.021: Illegitimate Government strategies

LEE COUNTY PROPERTY APPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00015.021A

TAX YEAR 2006
Parcel data is available for the following tax years:
[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 ]
[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel
| Tax Estimator ]
OWNERSHIP, LEGAL, SALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE. LAND, BUILDING, VALUE
AND EXEMPTION DATA ARE FROM THE 2006 ROLL.
 PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]

TIITF/REC + PARKS
CAYO COSTA STATE PARK
DEPT OF ENVIR PROTECTION
3900 COMMONWEALTH BLVD
TALLAHASSEE FL 32399
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA
PB 3 PG 25 LOTS 21A 22A
25A 26A 29A 30A 33A

[ PICTOMETRY ]

TAXING DISTRICT DOR CODE

050 - COUNTY/NO FIRE DISTRICT 82 - FOREST, PARKS, RECREATIONAL

PROPERTY VALUES (TAX

ROLL 2006) EXEMPTIONS ATTRIBUTES
[ HISTORY CHART ]
JUST 595,000 HOMESTEAD 0 UNITS OF MEASURE LT
ASSESSED 595,000 AGRICULTURAL 0 NUMBER OF UNITS 7.00
ASSESSED SOH 595,000 WIDOW 0 FRONTAGE 0
TAXABLE 0 WIDOWER 0 DEPTH 0
BUILDING 0 DISABILITY 0 BEDROOMS
LAND 595,000 WHOLLY 595,000 BATHROOMS
BUILDING
0 SOH DIFFERENCE 0 TOTAL BUILDING SQFT
FEATURES
1ST YEAR BUILDING ON
LAND FEATURES 0 0
TAX ROLL
HISTORIC DISTRICT No
 SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE
PRICE NUMBER TYPE DESCRIPTION IMPROVED
300,400 9/1/1996 2748/1505 04 Disqualified (Multiple STRAP # - V
01,03,07)
There are 13 additional parcel(s) with this
document (may have been split after the
transaction date)...
12-44-20-01-00015.0010,12-44-20-01-
00015.0130,12-44-20-01-
00015.013A,12-44-20-01-
00015.0190,12-44-20-01-
00016.0010,12-44-20-01-
00017.0030,12-44-20-01-
00018.0030,12-44-20-01-
00018.0130,12-44-20-01-
00018.0240,12-44-20-01-
00038.0010,12-44-20-01-
00039.0010,12-44-20-01-00042.0020...
Remaining parcels not listed.
100 12/1/1995 2666/2250 04 Disqualified (Multiple STRAP # - V
01,03,07)
There are 13 additional parcel(s) with this
document (may have been split after the
transaction date)...
12-44-20-01-00015.0010,12-44-20-01-
00015.0130,12-44-20-01-
00015.013A,12-44-20-01-
00015.0190,12-44-20-01-
00016.0010,12-44-20-01-
00017.0030,12-44-20-01-
00018.0030,12-44-20-01-
00018.0130,12-44-20-01-
00018.0240,12-44-20-01-
00038.0010,12-44-20-01-
00039.0010,12-44-20-01-00042.0020...
Remaining parcels not listed.

SOLID WASTE (GARBAGE) ROLL DATA

SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
COLLECTION DAYS
 GARBAGE RECYCLING HORTICULTURE

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM FAQ)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
Category 1 A9:EL9 125124 0136 C 110492

[ SHOW ] APPRAISAL DETAILS [ SHOW 2007 DETAILS ]

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 ]

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Page was last modified on Wednesday, March 21, 2007 9:07:26 AM.

CC: Honorable Circuit Court

United States District Court

Honorable Charlie Green, Clerk of the Court of Lee County, Florida

Lewis, Longman & Walker, P.A., Attorneys at Law

Savlov & Anderson, Attorneys at Law

Bryant, Miller & Olive, Attorneys at Law

 Jorg Busse, Plaintiff
P.O. Box 1126
Naples, FL 34106-1126

239-595-7074

March 27, 2007

Lee County, Florida

Lee County Attorney
ATTN: Hon. David M. Owen
P.O. Box 398
Fort Myers, FL 33902

OWEND@LEEGOV.COM

Certified Fax to 239-335-2118, on 03/27/2007, P.M.

U.S.P.S. CERTIFIED MAIL RECEIPT # 70051820000620983896

WITH RETURN RECEIPT