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to Sarasota County and it is referred to as a 'Grotto Fountain.'" On June 3, the News Leader checked with Greg Yantorno, the county's building offi- cial, who confirmed Higginbotham's earlier comments to this publication. The body of water was granted a county permit to func- tion as a fountain, Yantorno said. It was "not intended for swimming/bathing purposes," he pointed out. According to Yantorno and Higginbotham, the water is no more than 2 feet deep. Higginbotham also told the News Leader last month that he felt it would be difficult for the business to transform the water body into a swimming pool that could meet state regu- lations, based on its design and proximity to food and drink service areas. Higginbotham made the same point in the May 20 Cease and Desist order sent to a registered agent of Bob's Boathouse. Further, he wrote, "Should you be unable to obtain an operating per- mit, you would be barred from operating the above referenced pool indefinitely." In bold letters, Higginbotham continued, "You must cease operation of this pool immediately upon receipt of this notice by not allowing business patrons and/or the public to enter the water body." He added, also in bold, "Continued opera- tion of your public swimming pool without an operating permit will result in civil and or administrative enforcement action, including fines up to $500.00 for each day the violation continues to exist." A Health Department inspector's photo showed the pool skimmer was installed improperly. Image courtesy Florida Department of Health Bob's has taken and is taking action to keep patrons out of the fountain. Amanda Kenney Legal Assistant Aker Law Firm Sarasota News Leader June 6, 2014 Page 42