Who Controls the Flagler Beach Bridge? City and Sheriff Iron Out Bridge-Closure Mix-Up for Future Reference

Flagler Beach officials and Flagler County Sheriff Rick Staly have ironed out a confusing mix-up over who has authority to close the Flagler Beach bridge and under what circumstances, after the city approved a resolution on Monday that appeared to grant that authority to the sheriff. The sheriff did not agree with the resolution.

The matter is now moot, at least as far as Hurricane Milton is concerned. But its disposition sets a precedent, or at least clarifies one of the more frequently misunderstood local issues during emergencies–when an how the bridge is closed, if at all, and by whom–and may prevent a similar misunderstanding in the future.




The resolution the city commission approved requested of the sheriff to “exercise appropriate measures after consultation with Flagler Beach officials regarding the State 100 bridge operations.” The commission discussion surrounding the resolution reflected city officials’ fears that the city would be vulnerable to ill-timed visitors or crime. The bridge has been closed in previous emergencies, or restricted to barrier island residents, with numerous exceptions.

The bridge is a state Department of Transportation road, and the authority to close the bridge in an emergency relies only with the county director of emergency management–Jonathan Lord–though all such decisions in Flagler have customarily been carried out collaboratively, in consultation with affected governments.

That had also been the city’s intent, though it was “lost in translation,” Flagler Beach City Manager Dale Martin wrote in an email.

While the sheriff may have some executive authority under law in emergency situations, John LeMaster, the sheriff’s counsel, wrote Flagler Beach Mayor Patti King and the mayor on Oct. 9, closure of the bridge is governed by state law and the transportation department. “Sheriff Staly has historically used a collaborative approach toward emergency management within Flagler County by using the Flagler County Emergency Management Policy Advisory Group,” to which the city manager in Flagler Beach is a participant. The group, which meets daily during emergencies, gathers all the local government’s executives, the superintendent, the sheriff and the county attorney, but not elected members of local boards. It is intended to be a politics-free policy board.




“I encourage Flagler Beach officials to use this collaborative method to raise concerns and request resources rather than taking unilateral action,” LeMaster wrote. “While acting under the color of an emergency declaration it is not, nor should you imply, the sole responsibility and decision of the Sheriff to determine access to Flagler Beach and the barrier island.”

Flagler Beach officials were concerned that gawkers would interfere with efforts to evacuate the island or with responders after the storm, while also raising security concerns about briefly vacated properties on the island. In the event, Lord had already asserted before the storm that the county officials had no intention of closing the bridge in either direction, except in very high wind conditions, which can cause vehicles to topple. The county reserved–and LeMaster reiterated–that possibility, though it appeared that it would not be necessary even today.

“I believe that a few things got ‘lost in translation’ between the City and the Sheriff,” Martin wrote. “The letter from the Sheriff’s counsel indicated that the City requested unilateral action from the Sheriff, when, in fact, the Resolution was formulated as a request for collaboration regarding bridge operations during Hurricane Milton.” The city had hastily drafted the resolution ahead of the special meeting on Monday, but in the absence of City Attorney Drew Smith.




Scott Spradley, who chairs the city commission, agreed with Martin–that the resolution was not asking for unilateral action from the sheriff. “Nor was it ever intended to be such a request,” Spradley said in an email to FlaglerLive. “Rather, in the temporary absence of Chief Doughney, a concern was expressed by police staff about the need for clear direction on emergency bridge operations on Monday.” Doughney has been on medical leave. Capt. Lance Blanchette is the acting police chief.

The city commission during its discussion had no intention of transferring powers the city “didn’t even possess,” Spradley said, but “to ensure that decisions regarding bridge operations during Hurricane Milton were defined and handled without delay pursuant to existing law.  The matter was complicated by the fact that all of this transpired in a matter of hours, with the City Attorney not available to weigh in on it. In the hours after the meeting, I for one came to understand after reading the relevant Florida Statute that there is a defined chain of command concerning bridge operations on a State road, as this one is. So with the benefit of the rear view mirror, the resolution was not necessary, in my opinion. The law is settled on the issue.”

Spradley had a conversation with the sheriff about the matter following a press conference at the Emergency Operations Center on Wednesday. “I view all of this as an unfortunate but inconsequential misunderstanding that I now feel is cleared up,” Spradley said.