ANNA MARIA – The three city governments on Anna Maria Island are among the Florida cities now temporarily prohibited from adopting comprehensive plan or land development code amendments that are more restrictive or burdensome than their existing land use regulations.
On June 28, Gov. Ron DeSantis signed into new law the committee substitute version of Senate Bill 250 and its matching companion bill, House Bill 7057. The temporary land use regulation restrictions created by the Florida Legislature and placed on local governments are just one component of the state legislation that provides approximately $61 million in state-supervised loans as part of Florida’s continuing recovery efforts from Hurricane Ian and Hurricane Nicole.
In May in anticipation of the new state law, the Anna Maria City Commission discontinued the short-lived pursuit of an ordinance proposed by city staff that would have placed greater local restrictions on multiple non-conforming lots located on a single property. City Attorney Becky Vose advised the commission to withhold any further action on the proposed ordinance until the final fate of SB 250 was known.
She also advised the commission that the proposed ordinance would subject the city to Bert Harris claims filed by some or all of the 37 impacted residential property owners. The Bert J. Harris Jr. Private Property Protection Act provides relief, including financial relief, for property owners aggrieved or inordinately burdened by the actions of a state, county or local government.
The new law created by SB 250 is set forth in section 553.80 of Florida Statutes and says: “A county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before October 1, 2024. Any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void ab initio. This applies retroactively to September 28, 2022.”
During that May discussion, Vose said she believes Anna Maria is located within 100 miles of where Hurricane Ian made landfall in southwest Florida in September 2022.
“Jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome,” Vose said.
Additional research conducted by Vose and Mayor Dan Murphy confirmed Anna Maria is located within 100 miles of Hurricane Ian’s landfall. Bradenton Beach and Holmes Beach also fall within that 100-mile range.
The new state law still allows comp plan and land development code amendments pursued through a local government but initiated by a private property owner.
Inspection fees
The state law also addresses building inspection fees and says, “local governments located in areas designated in the Federal Emergency Management Agency disaster declarations for Hurricane Ian or Hurricane Nicole may not raise building inspection fees before Oct. 1, 2024. This expires June 30, 2025.”
According to Vose, the inspection fee restriction applies to all Florida cities because FEMA issued disaster declarations in every county in Florida because of Hurricane Ian or Hurricane Nicole.
Temporary shelter
The new state law declares a municipality may not prohibit the placement of one temporary shelter on a residential property for up to 36 months after the date of the declaration if the property’s permanent residential structure was damaged and rendered uninhabitable. The resident must make a good-faith effort to rebuild or renovate the damaged permanent residential structure. Additionally, the temporary shelter is required to be connected to water and electric utilities, must not present a safety threat and the resident must live in the temporary structure.
