ANNA MARIA – City officials remain concerned about the potential ramifications of two proposed state laws pertaining to the adoption of city ordinances and the related recovery of attorneys’ fees.
They’re also concerned about proposed legislation that would limit annual vacation rental registration fees to $50.
Senate Bills 280 and 620 were both introduced by State Sen. Travis Hutson, a Republican from Palm Coast.
House Bill 403 is the companion bill to SB 280 and was co-introduced by Rep. Mike Giallombardo, a Republican from Lee County, and Rep. Daisy Morales, a Republican from Orange County.
HB 569 is the companion bill to SB 620 and was introduced by Rep. Lawrence McClure, a Republican from Hillsborough County.
The two Senate bills work hand in hand with one another, as do the two House bills.
Bill language
Senate Bill 620 contains language that says, “A business that has engaged in a lawful business in this state for at least three years may claim business damages from a county or municipality if the county or municipality enacts or amends an ordinance or a charter that will cause a reduction of at least 15% of the business’ revenue or profit.”
According to the bill, a city or county would not be liable for business damages caused by an ordinance or charter provision that’s required to comply with state or federal law; for local emergency ordinances and orders adopted under the State Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days or an ordinance or charter provision that increases economic freedom.
HB 569 contains similar language.
SB 280 works in unison with SB 620 by providing for the recovery of attorneys’ fees for lost business revenues.
As of Monday, the latest amended version of SB 280 contained the following language: “If a civil action is filed against a local government to challenge the adoption of a local ordinance on the grounds that the ordinance is arbitrary or unreasonable, the court may assess and award reasonable attorney fees and costs and damages to the complainant if successful. An award of reasonable attorney fees or costs and damages may not exceed $50,000.”
HB 403 contains similar language.
For a bill to become state law, matching House and Senate bills must pass through their respective committees, be supported by a majority vote of their respective legislative bodies and be signed into law by the governor.
Bills progressing
On Nov. 30, the Senate Judiciary Committee ruled favorably on SB 620 by a 7-4 margin. Republican Sen. Jim Boyd of Manatee County was among those who voted in support of the bill being ruled favorable and advanced to its next committee.
SB 280 passed through the Senate’s Community Affairs Committee by a 6-2 vote and has been placed on the Senate Rules Committee’s Thursday, Jan. 20 agenda. Boyd is also a member of the Rules Committee.
As of Monday, both House bills were making their ways through their preliminary subcommittees.
City concerns
Anna Maria staff member Amy Moriarty serves as the city’s legislative liaison. Working with lobbyist Chip Case, Mayor Dan Murphy and City Attorney Becky Vose, Moriarty is closely monitoring the 60-day legislative session scheduled to end on March 11.
Moriarty provided the city commission with a legislative update on Thursday, Jan. 13.
“It’s not good. I’m sorry to say Senate Bill 280, after passing its first committee yesterday, was removed from one of its committees and has been fast-tracked,” Moriarty told the commission.
She said SB 620 was also fast-tracked.
“These bills are major preemption priorities for Senate leadership. What 280 and its House counterpart will do is remove your ability to set common set ordinances without publishing a business impact statement – and you have to publish the business impact statement at the same time that you post on the agenda that you will be considering an ordinance. Which means you have to have a staff member look at any impact the ordinance would have on businesses – not just the businesses here in your community, but businesses from outside of your community that would come in and do business here,” Moriarty explained.
She noted this legislation would pertain to the annual setting of the city’s property tax millage rate. She also said the city may have to hire an expert to provide business impact statements, and that expert may be called to testify in court if a business owner challenges a proposed ordinance.
“This is going to not only limit your ability as commissioners to set policy in the community, it’s also going to cost a lot of money,” Moriarty said.
Moriarty said there is unfulfilled hope that SB 280 and HB 403 will be amended in a manner that would require a business owner to first come before the city commission to express their concerns before filing a legal challenge.
Vacation rental bills
City officials are also concerned about two vacation rental bills, SB 512 and HB 325, which propose limiting annual vacation registration fees to $50 per unit.
Anna Maria’s 2021 annual registration fees were based on $58.52 per year for each occupant allowed. The registration fee for a one-bedroom vacation rental with two additional guests was $234. The annual fee for a six-occupant rental was $351, and $585 for a 10-occupant rental.
Call to action
Moriarty and Murphy urge residents and concerned citizens to contact state legislators and implore them to amend or abandon these harmful legislative efforts. Murphy said legislative staffs keep close tabs on the number of emails received in opposition or in favor of specific legislation and legislators are well aware of where public opinion stands.
“These are onerous bills, but we are not sitting back and wringing our hands saying the sky is falling,” Murphy said.
“There is a tool to fight back,” he added, in reference to the city-owned and managed Home Rule Florida website, which provides easy access to state legislators and provides templates for email letters.
