Here’s the full letter:
Dear Chair and Members of the School Board:
The Town of Fort Myers Beach respectfully urges the School Board of Lee County, Florida, to refrain from taking any further steps toward the demolition of Fort Myers Beach Elementary School and to pause all action relating to the pending “Castaldi Report” and demolition authorization process. This request is made in good faith and in accordance with Florida law, the Interlocal Agreements between the parties, and federal obligations associated with prior FEMA assistance.
On October 6, 2025, the Town Council adopted Resolution No. 25-296, invoking the governmental conflict- resolution process under Chapter 164, Florida Statutes, to resolve the ongoing dispute between the Town and the School Board regarding the Interlocal Agreements governing Fort Myers Beach Elementary School. Under that statute, both parties must participate in good-faith negotiation and mediation before any further unilateral action affecting the subject of the dispute. Continuing demolition proceedings while this process is pending would be inconsistent with Chapter 164 and could prejudice the statutory mediation framework.
Fort Myers Beach Elementary School is a designated historic structure under Chapter 22 of the Town Code of Ordinances, as well as a being on the National Register of Historic Places. Pursuant to Town Code §§ 22-101 and 22-104, no demolition or removal of a designated historic resource may occur without first obtaining a Special Certificate of Appropriateness (COA) from the Town’s Historic Preservation Board following a public hearing. No such COA has been requested or issued. Proceeding without compliance would violate local preservation law and disregard the Town’s and the School Board’s comprehensive-plan responsibilities under Florida Statutes §§ 163.3161 et seq. and § 1013.33, which require intergovernmental coordination for educational facilities and land- development consistency.
The Town understands that the School Board has received FEMA reimbursement and other federal assistance for remediation of the school following Hurricane Ian (2022) and for damage claims related to Hurricanes Helene and Milton (2024). Because federal funding has been used for the facility and because the school is listed on the National Register of Historic Places, any demolition constitutes a “federal undertaking” subject to Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R. Part 800). Federal regulations require consultation with the Florida State Historic Preservation Officer and the opportunity for public comment before any adverse effect to a historic property. Demolition prior to completion of that process could place both the School Board and FEMA in violation of federal law and risk the loss or recapture of federal disaster-recovery funds.
The Town and the School Board are parties to a binding Interlocal Agreement (2023-2027) providing for a phased rebuild of Fort Myers Beach Elementary School and establishing collaboration to ensure the continued operation of a school serving the Fort Myers Beach community. Among other provisions, the Agreement contemplates the Town’s right to consider assuming operation of the school as a municipal charter school should the Board decline to continue operation. Demolishing the existing structure would permanently eliminate that contractual and practical option, causing irreparable harm to the Town and its residents.
The recent actions of the School Board have brought to light the following legal, contractual, and federal considerations; therefore, the Town respectfully requests that the School Board: