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 NorthEast, 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 12-4420-01-00015.021A; 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 ]
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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 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 ] [ VIEWER ] TAX MAP [ PRINT ]

TAXING DISTRICT 050 - COUNTY/NO FIRE DISTRICT PROPERTY VALUES (TAX ROLL 2006) [ HISTORY CHART ] JUST ASSESSED ASSESSED SOH TAXABLE BUILDING LAND BUILDING FEATURES LAND FEATURES

DOR CODE 82 - FOREST, PARKS, RECREATIONAL

EXEMPTIONS

ATTRIBUTES 0 UNITS OF MEASURE 0 NUMBER OF UNITS 0 FRONTAGE 0 DEPTH 0 BEDROOMS 595,000 BATHROOMS 0 TOTAL BUILDING SQFT 1ST YEAR BUILDING ON TAX ROLL HISTORIC DISTRICT 0 No LT 7.00 0 0

595,000 HOMESTEAD 595,000 AGRICULTURAL 595,000 WIDOW 0 WIDOWER 0 DISABILITY 595,000 WHOLLY 0 SOH DIFFERENCE 0

SALES/TRANSACTIONS
SALE PRICE DATE OR NUMBER TYPE TRANSACTION DETAILS DESCRIPTION VACANT / IMPROVED V

300,400 9/1/1996 2748/1505 04 Disqualified (Multiple STRAP # 01,03,07)
There are 13 additional parcel(s) with this document (may have been split after the transaction date)...

12-44-20-01-00015.0010,12-44-20-0100015.0130,12-44-20-0100015.013A,12-44-20-0100015.0190,12-44-20-0100016.0010,12-44-20-0100017.0030,12-44-20-0100018.0030,12-44-20-0100018.0130,12-44-20-0100018.0240,12-44-20-0100038.0010,12-44-20-0100039.0010,12-44-20-01-00042.0020... Remaining parcels not listed. 100 12/1/1995 2666/2250 04 Disqualified (Multiple STRAP # 01,03,07)
There are 13 additional parcel(s) with this document (may have been split after the transaction date)...

V

12-44-20-01-00015.0010,12-44-20-0100015.0130,12-44-20-0100015.013A,12-44-20-0100015.0190,12-44-20-0100016.0010,12-44-20-0100017.0030,12-44-20-0100018.0030,12-44-20-0100018.0130,12-44-20-0100018.0240,12-44-20-0100038.0010,12-44-20-0100039.0010,12-44-20-01-00042.0020... Remaining parcels not listed.

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

GARBAGE

RECYCLING

HORTICULTURE

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

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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