If you don’t know about Senate Bill 180 and its implications to anglers who fish Sarasota Bay and Anna Maria Sound, let me explain. The bill prohibits counties and municipalities (including Manatee County and the three Anna Maria Island cities) from adopting new, more restrictive land use or zoning regulations, or imposing development moratoriums, within certain timeframes after a hurricane.
This applies even if the changes aren’t related to recovery from the storm, which is the original intent of the law. It becomes draconian because the new state law allows anyone to sue local governments if they violate this provision – creating a chilling effect on local planning and resilience efforts.
As mentioned, this law was originally conceived to protect homeowners affected by the twin hurricanes: Helene and Milton. The law extends the life of existing development permits, streamlines the permitting process for rebuilding, waives or reduces certain fees for like-kind reconstruction and allows temporary accommodations for displaced residents. It would also provide clarity and uniformity throughout the state so property owners and builders have foreseeable rules to rely on after disasters and it will help keep homeowners from getting bogged down in permitting or zoning delays during recovery.
Unfortunately, as the bill moved through the state legislature, additional land use restrictions placed on local governments were added. These changes prevent counties and cities from adopting new development regulations or moratoriums after a disaster (unless directly tied to recovery) and give “any person” the right to sue local governments that try to impose stricter restrictions.
The additions went well beyond the original disaster-recovery intent and shifted the law into the realm of limiting local control of overgrowth, zoning and environmental protections.
So how might that affect anglers? In the last election, Manatee County residents made it clear that the wetland protections removed by the former commissioners were not popular. That was evidenced by the voters’ removal of the county commissioners seeking reelection who voted to remove the county’s setbacks requirements that were more restrictive than those allowed by state statutes.
When the current commission recently considered voting to reinstate the more restrictive wetland setback requirements, they were threatened by the implications of Senate Bill 180 – which State Sen. Jim Boyd and State Rep. Will Robinson Jr. both voted for earlier this year.
I’ve heard from a number of sources that Manatee County developer Pat Neal may have been an influential and key figure behind the more restrictive land use provisions included in SB 180. I contacted Neal to give him a chance to respond but he did not reply.
In response to this change, a coalition of local governments that includes Manatee County, Orange County and the cities of Alachua, Deltona, Stuart, Weston, Windermere, Naples, Delray Beach and others are joining in the lawsuit that will challenge the law created by SB 180.
On Sept. 2, county commissioners voted 6-1 in favor of joining the lawsuit, with Commissioner Mike Rahn voting no. I was at the meeting and numerous citizens showed up to support the commission in joining the suit. No one spoke in opposition to joining the suit.
Political maneuvers like this hit at the very heart of the democratic process and threaten to negate the votes of citizens working to protect the environment in their region by encouraging sustainable building practices. Unfortunately, it appears that greed is attempting to prevent citizens from enacting common sense rules and regulations at the expense of future generations.
I would encourage everyone who wants to protect the integrity of our local marine environment to write letters to elected officials demanding common sense laws.
Contact Senator Boyd by email at boyd.jim.web@flsenate.gov, by letters sent to his Bradenton district office at 717 Manatee Ave. W., Suite 100, Bradenton, Fl. 34205, or by phone at 941-742-6445.
Contact Representative Robinson by email at will.robinson@flhouse.gov, by regular mail sent to his Bradenton district office at 1051 Manatee Ave. W., Suite 305, Bradenton, Fl. 34205-7801 or by phone at 6941-242-8430.
I’ll continue to update readers on the progress of the lawsuit as it unfolds.
