We now believe that the Rauschenberg Foundation has sold its 22 acres of property on Captiva to South Seas – rejecting the efforts of the Captiva Island Fire Control District and the Captiva community to honor Bob Rauschenberg’s legacy by purchasing and preserving as much as the property as possible for the community and in its current undeveloped state. The County has now advised South Seas in a Zoning Verification Letter that the 22 acres is governed by the Lee Plan and Captiva Code which limits development to three units per acre for both residential dwelling and hotel units. Any greater development would require Plan and Code amendments and a rezoning of the property – and efforts of South Seas to expand the resort onto the Rauschenberg property and into Captiva’s Village would generate the same community opposition and prolonged litigation with Protect Captiva that continues to forestall efforts to increase density on South Seas since Timbers Resorts, The Ronto Group and Wheelock Street Capital purchased the resort in 2021. It is difficult to comprehend the extent to which the Rauschenberg Foundation has failed the island community that Bob Rauschenberg loved and personally sought to protect from development.
• The County and South Seas have appealed the important Circuit Court decision issued by Judge Shenko limiting the whole of South Seas to 912 units. Briefs have been filed, and the parties continue to await the assignment of a panel of Judges in the Sixth District Court of Appeal and the scheduling of oral argument. South Seas and the County cannot request or approve building permits for condominiums or hotels on South Seas without providing CCA notice so that it has sufficient time to enjoin development pending the appeal.
• CCA, RLR Investments and Royal Shell Vacations, 12 South Seas Condominium Associations, and 8 Timeshare Associations have together filed a Petition for Writ of Certiorari seeking to invalidate the County’s decision to rezone South Seas to permit increased density and building heights. The parties are waiting for the Court to review the Petition, issue a show cause order, and schedule dates for the County and South Seas to respond. The case has been assigned to Judge Shenko, and an initial status conference has now been scheduled for March 9, 2026.
• CCA and the City of Sanibel have together appealed the decision of the Administrative Law Judge (ALJ) in the Division of Administrative Hearings. The ALJ was wrong in ruling that the Land Development Code amendments, which exempted South Seas from Captiva’s hotel density and building height limits, were consistent with the Lee Plan, which requires the County to “limit development to that which is in keeping with the historic development pattern on Captiva . . . including South Seas.” The parties continue to await the assignment of a panel of Judges in the Sixth District Court of Appeal and the scheduling of oral argument. If the Court reverses the DOAH Judge, everything the County has done for the new owners of South Seas during the past two years will be called into question.
• CCA continues to await the Circuit Court’s review of its motions for sanctions and attorneys fees against South Seas and its attorney for filing a frivolous lawsuit claiming that the 912 unit limit in the 2003 Settlement Agreement between CCA and Lee County did not include hotel units – when the evidence is overwhelming that the historic 912 unit limit at South Seas always included both residential and hotel units. This case has now been transferred by Judge Loukonen to Judge Shenko.
• On Dec. 23, 2025, South Seas initiated a new lawsuit – this time against the Captiva Community Panel. South Seas claims that the Panel failed to produce all documents responsive to its public records request seeking documents or emails relating to South Seas. While the Panel may not even be covered by the Public Records Act, the Panel has produced more than 1,000 pages of documents that mention South Seas in one way or another. However, South Seas continues to sue community organizations that oppose increases in density or building heights on Captiva – and to run up their legal bills. The Panel has retained legal counsel to protect its interests and the interests of the community.
We thank you for your continued support of our efforts to Protect Captiva.
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