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Proposed legislation could impact AMI condo owners

Proposed legislation could impact AMI condo owners

TALLAHASSEE – Two bills currently working their way through the Florida Legislature could significantly impact condominium associations and condominium owners on Anna Maria Island and throughout the state.

Working in unison, Senate Bill 154 and House Bill 1395 seek to clarify and expand the condominium-related legislation the Legislature adopted during a special session last year as Senate Bill 4-D.

The House of Representatives’ staff analysis for HB 1395 also addresses the origins of SB 4-D: “On June 24, 2021, Champlain Towers South, a 12-story beachfront condominium building in the town of Surfside, partially collapsed resulting in the death of 98 people. In response, during Special Session, 2022D, SB 4-D was enacted to provide building safety inspection requirements (milestone inspections) and reserve requirements (structural integrity reserve study) for condominium and cooperative association buildings.”

As of Monday morning, SB 154 and HB 1395 proposed mandatory inspection timelines for condo buildings that are at least three stories tall and 30 years old or older, with additional inspections required every 10 years after that. According to the staff analysis of HB 1395, there are currently more than 2 million Floridians occupying condo buildings that are 30 years old or older.

Proposed legislation could impact AMI condo owners
The three-story Bridgeport condominiums in Bradenton Beach could be impacted by the proposed regulations. – Joe Hendricks | Sun

According to SB 154, “If a building reaches 30 years of age before December 31, 2024, the building’s initial milestone inspection must be performed before December 31, 2024.”

The new legislation would delete from last year’s legislation the 25-year milestone inspection requirement for buildings located within three miles of the coastline. Regardless of coastline proximity, all qualifying condo buildings would be subjected to the 30-year inspection requirements.

The term “milestone inspection” refers to a structural inspection of a condo building and its load-bearing elements, walls and primary structural systems. To be conducted by a licensed architect or engineer, the milestone inspection is to determine the general structural condition of the building as it pertains to safety and to identify any maintenance, repair or replacement needed for those structural components.

The proposed legislation would also require impacted condo associations and condo owners to create and set aside reserve funds for structural inspection studies and for any needed structural repairs or maintenance activities which would include roof replacements and exterior painting. Condominium owners are currently allowed to waive state-imposed reserve requirements.

Clarification pending

As of Monday morning, the proposed legislation would likely impact the most common form of condo buildings on Anna Maria Island: those with ground-level parking areas and two elevated, habitable living levels above the parking.

Further and final clarification is still being sought as to whether ground-level parking will be counted as a story when determining how many stories a condo building has. If ground-level parking is counted as a story, the impact on Anna Maria Island would be significant. If not, the impact would likely be limited to the seven-story condo buildings at the Martinique condo complex in Holmes Beach.

Height limit restrictions imposed by all three Island cities now prohibit the construction of any buildings more than three stories tall and ground-level parking counts as a story. Bradenton Beach Building Official Steve Gilbert said he’s not aware of any three-story condo buildings on the Island that feature ground-level living units rather than ground-level parking.

On these issues, St. Petersburg-based lobbyist Travis Moore is representing the Florida Legislative Alliance which is part of the national Community Associations Institute. Cortez condo resident and former Bradenton Beach condo resident Connie Morrow is the delegate for the Florida Legislative Alliance and her focus is on condominium-related issues.

On Monday morning, Moore and Morrow were among those who participated in a Zoom meeting with State Rep. Vicki L. Lopez (R-Miami/Dade), the original sponsor of HB 1395. Monday’s discussion addressed the possibility of amending the proposed legislation in a manner that would not impact three-story condo buildings with ground-level parking and two upper living levels. According to Morrow, Lopez was at least open to the idea, but Moore said he doesn’t expect that change to happen.

When contacted late Monday morning, Moore said, “If you have three stories, including ground-level parking, this will affect you.”

Proposed legislation could impact AMI condo owners
The three-story La Costa condominiums in Bradenton Beach could be impacted by the proposed legislation. – Joe Hendricks | Sun

One- and two-story condos would not be affected by the proposed legislation as it currently stands.

Moore noted change is always possible during a legislative session.

“This is a snapshot of where we are right now. There are changes being contemplated. They are moving through the legislative process that ends May 5th. As of right now, they’re working to make it very clear that if it’s three floors or more, it affects you,” Moore said.

According to Moore, most of the condo-related legislation passed in 2022, 2023 and 2024 would not take effect before Jan. 1, 2025.

When interviewed on Saturday, Moore said prior to the 2022 adoption of SB 4-D, Florida had no inspection standards in place for aging condo buildings. During the 2022 session, the Senate members focused more on inspection requirements and the House members focused more on reserve funds and other financial elements. The resulting legislation left gaps legislators and others are now trying to address.

Inspections and reserves

Under the legislation, if an initial phase 1 structural inspection identifies structural deficiencies that require structural repairs, a more-extensive phase 2 inspection would be required.

“All these reports and inspections go to the condo owners and the local building official. If they find damage that has to be addressed, they’ll be told by the local building department that they have to get this done and they have 365 days to start the repairs. The building officials are the ones with the ability to enforce this, or to condemn a building. The condo associations can’t just say ‘We’ve got these repairs that need to be done’ and do nothing about it,” Moore said.

Moore said condo boards provide their association members with a fully-funded annual budget that includes reserves for four specific categories. The association members then vote on whether or not to waive state-imposed reserve funding requirements that would increase their annual assessments.

“With a condo, you might have a hundred different owners that all have a say. So, the decisions are not made the same way regarding maintenance and keeping the buildings well-fortified,” Moore said.

“After Dec. 31, 2024, you can no longer vote to waive the reserves on these structural integrity items. Painting is considered structural because of the waterproofing element. You could waive reserves on other things like renovating the clubhouse or buying new pool furniture. There are some condo associations that haven’t been reserving funds for 20 years. They’ll need to catch up and their association assessments will go up,” Moore said.

Moore noted some longtime condo owners now live on fixed incomes but over the years their condos accumulated increased equity and value. Moore said it probably won’t happen during the current legislative session, but efforts will be made to create a program that would allow condo associations to take out a loan and allow condo owners who can’t afford to write a $10,000 to $20,000 assessment check to pay back their portion of the loan when they sell their unit.

“If you want to just write the check that’s fine, but there should be an option that allows people some flexibility,” Moore said.

The Senate and House bills have each already passed through two committee stops with the unanimous support of Republicans and Democrats alike.

Moore is confident additional amendments made in the two bills’ final committee stops will produce matching bills to be sent to the Senate and House floors for final votes, and then to Gov. Ron DeSantis to sign into state law.

“We’ve been working with the Governor’s office and all indications are that he’s on board. Anything can happen with the legislative process, but it is expected to pass,” Moore said.

Condo owner insight

Morrow and her husband, Bill, live in a three-story condo building in Cortez. They also own a condo in a two-story building at Runaway Bay in Bradenton Beach.

“The whole point of this is safety and the management of safety. The collapse of Surfside exposed the fact that Florida condo owners have been able to vote every year to not fund a reserve. With this legislation, associations will have to have a reserve for critical structural components. It forces people to budget and set up a stream of revenue through the annual association assessment to fund those structural elements.

“Condominium owners on Anna Maria Island are going to be compelled to have a reserve study done, with a focus on the structural elements. They are going to have to build a plan to address the major structural elements and estimate when those structural elements will need to be repaired or replaced. The next thing is to build a strategy to collect the resources to be able to fund those repairs and major maintenance,” Morrow said.

When asked what happens to a condo association that currently has no reserves set aside, Morrow said,

“They will have to establish a reserve and begin contributing to that reserve in order to meet the structural requirements identified through the structural integrity reserve study. They’re going to have to start saving. If they’ve lived and owned in that building, they’ve contributed to its natural deterioration. What we have done previously here in Florida is to allow owners to ignore those obligations. Now the state is saying we have no choice. We cannot ignore those structural elements.”

Morrow supports the efforts to help find alternative funding support for condo owners and associations.

When asked if the proposed legislation is good or bad, Morrow said, “This is an improvement over last year. They had to come back for a special session and what they pushed out had a lot of gaps, but it was a needed step in the right direction. Now they’re going through the process of refining it and cleaning it up and this is good.”

Piney Point well to begin operations

Piney Point well to begin operations

PALMETTO – Two years after an intentional discharge of contaminated water stored in ponds atop the Piney Point phosphogypsum stacks, Manatee County utilities crews will begin disposing of the remaining wastewater in a new deepwater injection well.

Operations will begin next week, according to a March 28 statement from Manatee County Information Officer Bill Logan.

The well will hold Piney Point’s process water in a confined saltwater aquifer over a half mile below the surface under the Floridan aquifer, the state’s drinking water source. The phosphate process water, which will be drained from the reservoirs atop nearby phosphogypsum stacks, will be pre-treated before injection. Work on the pre-treatment facility has been underway since earlier this year, according to Logan.

Local environmental group ManaSota-88 opposes the deep injection well on several grounds, including that wells are subject to failure, and that leaks of the contaminated water – which is also slightly radioactive – could poison the state’s drinking water.

ManaSota-88 is among five environmental groups, including Sarasota-based Suncoast Waterkeeper, that sued the Florida Department of Environmental Protection (FDEP) and Piney Point owner HRK Holdings LLC on June 24, 2021 seeking to hold both responsible for negligence in managing the site. A pretrial conference is scheduled on July 12 in the U.S. District Court for the Middle District of Florida in Tampa; a trial is scheduled for Aug. 7.

In a separate lawsuit, HRK Holdings was sued by FDEP in Manatee County Circuit Court in 2021, a case that remains open with no hearings scheduled.
In 2021, FDEP authorized the emergency discharge of 215 million gallons of wastewater from the former phosphate plant into Tampa Bay to avoid a potential flood after a leak was discovered in the waste storage system. Surrounding homes and businesses were evacuated.

From March 30 to April 9, 2021, the wastewater poured into the bay, adding an estimated 186 metric tons of nitrogen, exceeding typical annual nitrogen loads in a matter of days, according to a report released by the Tampa Bay Estuary Program. The nitrogen worsened toxic cyanobacteria blooms that peaked in June, followed by a bloom of toxic red tide algae that caused fish kills, triggering the cleanup of more than 1,600 metric tons of dead fish, according to the report.

The well, drilled to a depth of 3,300 feet, was completed by Fort Myers-based Youngquist Brothers Inc., working with consultants ASRus of Tampa and Manatee County utilities staff. By working with FDEP, crews were able to expedite the well project.

“The cooperation and collaboration with the DEP have been key in getting this project fast-tracked,” Manatee County Utilities Director Evan Pilachowski said. “We are so pleased that we are to this point in the process already.”
“We are excited to write the final chapter of this Piney Point story,” Manatee County Commission Chair Kevin Van Ostenbridge said. “The teamwork involved in this important project – from the receiver to the DEP, to the consultants and our hard-working staff – have brought this to fruition.”

Reel Time: Anatomy of a fishing rod

 Reel Time: Anatomy of a Fishing Rod

Every angler’s fishing rod, be it a spinning rod, a fly rod or a casting rod, is constructed in a similar way and has the same basic parts. Have you ever wondered why one rod is more expensive than another? Knowing the basic components of a rod will help you understand their construction, action and why one rod costs what it does. This is valuable information in determining which rod is best for you.

A rod’s blank is constructed from a product known as prepreg. This fibrous material is impregnated with resin and wrapped around a mandrel, which is removed after the blank is formed, giving the rod its basic round shape. This blank holds the guides, ferrules, handle, reel seat and fighting butt.

Prepreg has fibers that have a unidirectional (straight) orientation. The fibers can be made of different materials including fiberglass, graphite, boron or Kevlar. Some rods are made (laid up) from a prepreg that has additional fibers that run around or at an angle to the unidirectional fibers. This gives the rod additional strength and influences flex, stiffness – and price.

A rod’s scrim refers to a lightweight material that forms an additional lining under the primary fibers and helps in working the material when it is wrapped around the mandrel. Scrim can be straight or woven and adds what is known as “hoop strength” to the finished rod.

The parts of a rod consist of a blank with a butt section, a fixed hood, a reel seat, a sliding hood, a locking ring, handle, guides, ferrules and a tip. The butt section is the cork part of the rod behind the reel seat that fits into a fighting harness or into the stomach when playing a fish. On a spinning and casting rod, it’s where the non-dominant hand holds the rod. The reel seat is where the reel foot is placed either on or near the blank, while the hoods secure the reel to the rod. The fixed hood is the metal receiver where one end of the reel foot is placed. The sliding hood is the rear receiver that holds the other end of the reel foot. The locking ring is a nut that puts pressure on the sliding hood and holds the reel securely in place. The cork handle is where the dominant hand is placed. Guides hold the line along the length of the blank. The ferrules connect the sections of a rod. The tip, as the name implies, is the section at the top of the rod.

You may also have heard the term “taper.” A rod’s taper refers to the diameter of a rod from the butt to the tip. The taper affects the rod’s action. Most rods have either a fast action (stiff) or a slow action (flexible).

When you’re shopping for a new outfit, knowing the parts and construction of a rod will help you make an informed decision. The most important part of the rod and the one that most affects its price, and your buying decision, is the blank. The materials and the method of construction of the blank determine its price. The least expensive rods are made from fiberglass while the expensive ones are constructed with graphite, boron and Kevlar. While fiberglass may be good for a beginner, the more expensive rods are a better choice for the seasoned angler. Armed with this information you’ll have the knowledge you need to determine how much you spend on a rod. This decision can positively affect your angling efficiency and enjoyment.

Castles in the Sand

Real estate potpourri

Think of the real estate market as one big pot. Into the pot you throw in the asking price of a property, selling price, availability of properties, mortgage interest rate and your personal credit score. When you analyze all these ingredients, you’ve got a pretty good idea of the active real estate market and your ability to purchase.

Last week we discussed the Manatee County sales for the month of February, in which closed sales were down and the median selling price was up for both condos and single-family properties compared to last year.

Nationally, however, sales of single-family homes were down over twice what ours were, 22.6% compared to 10%, according to the National Association of Realtors. Nationally, the median single-family sales price fell 0.2% compared to last year to $363,000. Manatee County’s median single-family selling price was up 2.5% to $490,000 compared to last year. So far, our local market, although slowly adjusting, is outpacing the national market.

As for interest rates, as of this writing, the average 30-year fixed rate is just below 7%, which generally gives a boost to the number of sales. Remember last week we talked about buyers being “rate sensitive” – this may wake them up. However, the Federal Reserve at a March meeting raised the baseline rate by a quarter percent, hinting that they may be slowing down these regular increases. Every time there is a rate increase, we hold our breath to see what, if any, impact there will be on the home mortgage market.

I also noticed the number of cash buyers is gradually going down every month. In February, cash buyers for single-family homes were down 20.5% from a year ago and cash buyers for condos are down 23.9% from last year. It’s hard to say how much impact interest rates have on cash buyers. Buyers with cash frequently offer an all-cash contract, which enhances their negotiating ability, and then take a mortgage on the property after closing. With higher and fluctuating interest rates, that will likely change the cash buyer’s thinking on this strategy.

Finally, with interest rates higher than a year ago, credit scores are more important than ever. A small boost to your credit score can make a big impact on the cost of buying a home. Raising your credit scores in the time before applying for a mortgage is the most tangible way to reduce costs related to purchasing a home. You may not have any control over the increase in prices or lack of inventory, but credit scores are totally in your control.

The object is to get that credit score at or over 760 to obtain the most advantageous interest rate. The first thing to do is look at your credit report from all three of the credit reporting agencies. Check for errors, such as someone who has fraudulently attempted to get credit under your name, if a loan is not recorded as paid or a credit card you dropped is still showing as active.

Don’t apply for any new credit or financing until your home shopping and mortgage application is completed. If possible, pay down your debts or ask for a higher limit on your credit cards. Lenders consider how much debt you have compared to how much your line of credit is. It’s always better to have more credit available even if you don’t need it.

I never said it wasn’t complicated to buy a home and a potpourri of knowledge is essential. Shakespeare’s witches may say that the real estate market is all trouble and toil, but in the end, it’s all worth it.

Reel Time: If we don’t do it, who will?

Reel Time: If we don’t do it, who will?

Red tide; two words that nobody wants to hear but everyone needs to understand. The term is just the common expression of the much deeper problem best described as harmful algae blooms (HABs). Someone who owns a resort hotel, has a restaurant on or near the beach or runs a business that takes people fishing or sightseeing obviously depends on clean, healthy water for their livelihood. It’s easy for the average person to see that these businesses will be negatively affected by HABs or even the mere mention of them. What’s less obvious is that poor water quality and habitat loss (seagrasses, mangroves) affects everyone, from fishing guides to developers, realtors, builders and all the allied trades and suppliers they all depend on.

We seem to only focus on the things that directly impact us in the present, finding it easier to “kick the can down the road.” Maybe we should consider how we’ll feel when our children and grandchildren look us in the eye and ask, “What did you do to make sure I had some of the same opportunities that you did?”

Second Place
Serious Column (Sally Latham Memorial award)
2024

Things took a devastating turn five years ago with a massive and long-lived harmful algae bloom (red tide) that devastated coastal waters from Naples to St. Petersburg, rendering Sarasota Bay a virtual wasteland. Since that event, Sarasota Bay has lost more grass than had regrown in the prior 40 years.

On top of that, a release of over 200 million gallons of polluted process water from the legacy phosphate facility at Piney Point in late March 2021 led to the worst algae bloom in Upper Tampa Bay since the 1970s, killing thousands of tons of sea life.

Resident anglers have seen firsthand the decrease in water quality and the resulting loss
of habitat, seagrass and its negative effect on local fisheries. Unfortunately, those who recently relocated here have no understanding of what has been lost and what that means for future anglers. The concept of “shifting baseline” describes a gradual change in the accepted norms for the condition of the natural environment due to a lack of past information or lack of experience of past conditions.

It’s critically important that we vet the politicians who represent us and are charged with enacting rules and regulations to protect our natural resources. A good source of that information is the League of Conservation Voters (lcv.org). The LCV is non-partisan and tracks the voting records of members of the Senate and Congress on environmental issues in its National Environmental Scorecard. This is a clear indication of how those tasked with representing our interests vote. It’s critical that we take decisive action now.

Research candidates before you cast your vote and consider joining and working with advocates like Suncoast Waterkeeper and their Eyes On The Suncoast Program, Vote Water and Sarasota Bay Watch. If we don’t do it, who will?

Castles in the Sand

Rate sensitive

Mortgage rates appear to be controlling the real estate market across the country. My new favorite term is “rate sensitive.” This means that a buyer who would have been happy at 6.75% ran for the hills when the rates rose to 7%, about where they are as of this writing for a 30-year, fixed-rate mortgage.

I’m not dismissing the importance of rate increases in real money to buyers’ budgets, but nevertheless, a lot of them are walking for not a lot of money. To be fair, a one-point increase in a mortgage rate would have the same effect on affordability as a 10% increase in home prices, per First American Financial Corp. This could eliminate the buyer from qualifying for the home they are currently considering, lower their home buying expectations or cause them to disappear completely from the marketplace.

Earlier in the year when the rates were solidly in the 6% or a little over range, buyers were on the move. This may explain why our Manatee County statistics this

month show more pending properties in February 2023 compared to January 2023 even though the annual trend has been going down monthly. This was a surprise to many professionals in the housing market who now think that gain may be given back. The general consensus is that buyers now are much more cautious and are paying more attention than the people that were buying last year.

Here are the February sales statistics for Manatee County reported by the Realtor Association of Sarasota and Manatee:

Single-family homes closed 10% fewer properties than last year. The median selling price was $490,000, up 2.5% from last year, and the average selling price was $639,562, down 7.7% from last year. The median time to contract was 39 days compared to six days and the month’s supply of properties is 3.1 months compared to 0.6 months last year.

Condos closed 21.1% fewer properties than last year. The median selling price was $369,900, up 13.8%, and the average selling price was $435,748, up 17.3% from last year. The median time to contract was 29 days compared to 5 days and the month’s supply of properties was 3.4 months compared to 0.5 months last year.

March and April generally are busy months for closings in Florida before buy- ers return north. The next two months may tell a slightly different story, but there is no doubt that higher interest rates are having an effect.

One quick note about your home’s as- sessed value. Property taxes across the country have risen in recent years based on the increased value of your home. When you receive the new assessment and tax bill, don’t just file it in one of those folders that you’ll never look at again. Read it over for errors that could be anything from the size of your lot to the size of your home and the size of your new pool. Don’t be afraid to contact the assessor’s office and review this with them.

It’s also a good idea to stay on top of the recent sales in your neighborhood. Zillow, Trulia and Realtor.com will give you just about anything you need to know in addition to the Manatee County public records. If you really feel your home has been appraised higher than it should be, you can ask a licensed Realtor for an evaluation or a licensed appraiser. A Realtor may prepare an evaluation as a goodwill measure, but a licensed appraiser will charge a fee, however, an appraiser’s evaluation may hold more weight. And don’t forget to apply for any exemptions you may be entitled to.

We are living through a sensitive time for just about anything related to finances. Keep the tissues handy and your head on straight.

Reel Time: Oyster River Ecology moving restoration forward

Reel Time: Oyster River Ecology moving restoration forward

I first met Damon Moore at a Sister Keys Cleanup in 2010 when we were introduced by Ann Hodgson of Audubon. Moore worked in environmental consulting for seven years at Stantec before joining Manatee County. In his words, “I loved challenging habitat restoration projects where good problem-solving and project design skills would result in high-quality, cost-effective projects. I was blessed to have the opportunity to work on Manatee County projects like Perico Preserve, Ungarelli Preserve, the Robinson Preserve expansion and Tom Bennett Park as a consultant charged with designing the restoration plans for those properties. I found my niche.”

Moore has high praise for his mentor Charlie Hunsicker, Manatee County’s director of natural resources. “As a consultant, I saw something in him that I was drawn to; Charlie always found a way to move high quality environmental enhancement projects forward, regardless of the challenges. He’s creative and pragmatic and I knew he had big plans for the next 10 years. I wanted to play a direct role managing the implementation of those projects. I joined Charlie’s department and spent the next decade working on some of the most impactful projects in the region.”

When the Robinson Preserve expansion was functionally complete, Moore wanted to branch out and sharpen his skillset by taking on a more diverse geographic range of projects. He found that at Environmental Science Associates, but during a brief tenure there, he said, “I realized the area I call home needed more environmental benefit projects.” That was challenging to facilitate as a consultant, so Moore decided to form a non-profit he would call Oyster River Ecology (ORE) to bring more projects to the Suncoast.

The name ORE is an homage to the Manatee River, historically known as the “Oyster River.” Moore’s understanding of the concept of shifting baselines is a loss of perception of change that occurs when each generation redefines what is “natural.” Moore explains, “To the detriment of residents today and all generations to follow, the prolific oyster beds of the Oyster River were harvested to depletion, but the good news is that restoration projects combined with wise management practices can bring some of that abundance back.” Ultimately, that is Moore’s passion, and his extensive knowledge of restoration practices and proven performance combine to provide hope to all who value the amazing flora and fauna of the Suncoast. ORE recently received its 501(c)(3) designation from the state. Moore is now finalizing the organization’s website and reaching out to the many philanthropic organizations with which the Suncoast is blessed.

Moore currently serves as president of the Manatee Fish and Game Association, where, among many other environmental initiatives, he helped shepherd the passage of the Manatee County land and water referendum, which passed with a 71% vote. The referendum will result in $50 million worth of funding for conservation projects in the county. I and many other anglers and citizens who have seen first-hand the decline of water quality, habitat, and bird and fish populations are excited at the prospect of ORE. Its focus on restoration projects is essential to a region whose baselines are a foundation of the local economy and are critically endangered.

Anna Maria officials oppose rental bill

Anna Maria officials oppose rental bill

ANNA MARIA – Anna Maria Mayor Dan Murphy traveled to Tallahassee last week to express the city’s opposition to Senate Bill 714.

SB 714 is the Florida Legislature’s most recent move to further limit local government’s ability to regulate short-term vacation rentals, giving more authority to the state. House Bill 883 serves as the companion bill. Both pieces of proposed legislation are currently working their way through various Senate and House committee stops. If SB 714 and HB 883 successfully pass through their respective committee stops, they would then be placed before both houses of the Legislature for final votes. If the Senate and House both adopt similar bills, the legislation will be sent to Gov. Ron DeSantis to sign into new state law or veto.

Murphy arrived in Tallahassee on Wednesday and returned to Anna Maria on Friday. While in Tallahassee, he hand-delivered to key state legislators copies of the city resolution the Anna Maria City Commission adopted on March 9. The resolution expresses the mayor and commission’s opposition to taking away the city’s ability to regulate short-term vacation rentals at the local level.

When discussing SB 714 on March 9, Murphy said, “The only people this benefits is Airbnb and Vrbo. They’re the ones pushing this. Airbnb and Vrbo would like nobody between them and the person renting the house: No realtor, no government agency, no city. Everything’s mechanized and there’s no need for any humans to be involved. That’s what this is all about.”

On Wednesday afternoon, Murphy sent an email update to city commissioners that noted SB 714 successfully passed through the Senate’s Regulated Industries Committee the previous day.

“An amendment was added during that meeting which clarifies fees and tax liability, none of which helps our cause of killing this bill,” Murphy stated in email.

“The good news is that our website (www.homerulefl.com) generated over 2,500 emails to senators on that committee, all speaking out in opposition to SB 714. What’s more, we added 250 new subscribers to our website and our distribution list. We are now very much a statewide website with subscribers throughout the state. We will continue to track SB 714 as it goes to its next two committees in the Senate and we will have campaigns ready to address the bill,” Murphy wrote.

On Saturday, Murphy provided The Sun with more details about his trip.

“I was able to meet the president of the Senate, Kathleen Passidomo, and I left her a copy of our resolution. I also discussed the pitfalls of this pending legislation, including taking away our right to limit the occupancy of vacation rentals,” Murphy said.

“I met with the bill’s sponsor (Sen. Nick DiCeglie, R-St. Petersburg) and told him our concerns about ‘party houses’ and the catastrophic impact this bill will have on our Island community. Later, I met with Sen. Jim Boyd and State Rep. Will Robinson Jr. to discuss our concerns. My final meetings were with the House speaker’s office and the chairperson of the Commerce Committee, State Rep. Bob Rommel,” Murphy said.
“As an Island community, we need to bombard the Legislature with our concerns through phone calls and emails. We can utilize the HomeRuleFL.com website to send instant emails to the legislators as the bill moves through the House and the Senate. We are at a very serious and critical crossroads with this bill. Failure to speak up now could have long-term negative implications on our quality of life on Anna Maria Island,” Murphy said.

Undefeated Luxury Services wins

Undefeated Luxury Services wins

ANNA MARIA – In what was anticipated to be an action-packed championship flag football game last Thursday night, team Luxury Services and the Solid Rock Construction crew gave the spectators a game that did not disappoint.

After a season of lopsided scores, Luxury Services made it clear why they ended the regular season undefeated and on the top of the rankings. Putting up as many as 96 points in a game this season, the squad led by Chase Richardson continued to find his main target, Jonathan Soultatos, in the final game of the adult flag season.

The Richardson-Soultatos duo added 20 points on the scoreboard. Soultatos finished the season with 15 receptions in the championship game against the talented Solid Rock team.

Despite seven precise flag pulls by Charles “Tuna” McCracken, making amazing stops against Soultatos, Solid Rock Construction came up short of the 32-26 win.

Winning the game by just one touchdown, Richardson threw for five TDs including three to Soultatos, as well as singles to Tim Holly and Dustin Tomcho.

Tomcho made three big catches and possibly the game-winning interception on defense to help his team march to victory.

On the other side of the football, QB Dominick Otteni hit his marks with 11 solid catches by Corey Jacques and three by Tyler Brewer. Brewer added two points to the scoreboard with a focused catch in the endzone after a Solid Rock touchdown.

Solid Rock Construction’s Hannah McCracken played a hard final game and made four amazing flag pulls to stop the Luxury Services offense. The efforts of H. McCracken, older sister of Tuna, contributed to the fight that kept her team in it for two halves of play.

Defensively, Travis Bates put the heat on Richardson the entire game as the Solid Rock designated rusher. Putting the pressure on the Luxury QB kept the offensive players on their toes with Richardson’s quick-release passes.

Otteni added to his game stats with a catch thrown by McCracken and a flag pull. Solid Rock teammate Brian Leibfried made big contributions on the field throughout the season to help get the Solid Rock team to the big game.

A flag pull by Jasmine Muldoon added to the strong defensive effort by Luxury Services that earned the team the winter 2023 Center adult flag football championship title.

 

Sun Scoreboard

March 16

Adult Co-Ed Flag Football Championship Game

 

 

#1 Luxury Services 32

#3 Solid Rock Construction 26

Castles in the Sand

Condo ownership and Florida law

I have a condo personality. Not everyone does, but I do. Down through the years, I’ve written quite a bit about condo ownership, culture and personality. I have very happily been living in a condo for over 20 years; it suits me. I despise gardening, cleaning the pool and worrying about the roof, all of which were part of my previous everyday life. But there is one aspect of condo ownership that frankly I haven’t thought much about until the last few years.

After the collapse of the residential condo building in Surfside, there were developers hovering around older condo buildings, especially those with Florida’s most precious commodity, waterfront locations. The interest in these buildings became more intense after the subsequent passage of a Florida law that requires most condo buildings over 30 years old to undergo structural inspections and correct structural failures. Owners and their boards of directors were approached by developers and started conversations about condominium termination rather than perform expensive repairs many long-time owners couldn’t afford.

Florida condominiums are by definition considered legal entities, just like corporations. They have boards of directors, owners, financial budgets and reserves and creditors. It’s different from single-family homes in that once you become an owner, you become part of this legal entity as just one of its unit owners. And that, of course, is where the condo personality or lack thereof comes in. If you don’t like making decisions by committee, better keep looking for the single-family home.

Condo terminations have been more prevalent in Florida than in other parts of the country because of the large number of aging condo units in South Florida and the lack of developable land near the water. According to the Florida Department of Business and Professional Regulation, over the past decade there have been at least 400 buildings that have undergone condo termination.

So how do you actually achieve a condo termination? All condominiums have bylaws that address condo termination and what the required number of owners must agree to in order to take this action. Some are 80%, some are less, and some are 100%. Realistically, under the best of circumstances, getting 100% of anything is virtually impossible.

In 2007, the state of Florida stepped in and passed legislation that essentially contradicted some condo bylaws by allowing 80% of the condo unit owners to agree to dissolve or terminate the condo regardless of what was written in the original bylaws. The state decided it was to the advantage of current owners who were considering condo termination but were stuck. This was also during the period of foreclosure fraud and the real estate crisis impacting the country. The statute goes on to say that once a developer acquires 80% of the units, it can terminate the condo.

Granted, it appears the law was decided in favor of developers, but individual owners are also benefiting. Some of the buildings being terminated would be staring down the barrel of major special assessments in order to bring the property up to code, making it unaffordable for owners and downgrading the value of their units. Developers state they are offering market value to owners, eliminating structural risks to the building and its owners and enhancing the aesthetics of the area.

Could this happen in Manatee County? Of course it could, but because we have height restrictions in many areas of the county, our waterfront condos may not be as tempting to developers. Nevertheless, all condo owners need to be aware of the change in legislation and the reality that termination of condos is happening in Florida.

In the meantime, my condo personality will help me overcome whatever happens.

Multiple departments fight Bradenton Beach fire

Multiple departments fight Bradenton Beach fire

BRADENTON BEACH – Black smoke could be seen rising high into the air after a fire started on March 8 at 403 Gulf Drive S., Unit D in a four-unit condo building known as Birds Nest.

Bradenton Beach Police Officer Steve Masi and Lt. Lenard Diaz were the first to arrive on the scene after getting through the long line of spring break traffic.

“Since it was unknown whether the building’s units were occupied, as soon as I arrived, I exited my vehicle and ran towards it,” Masi said in a police report. “In passing, I saw the building’s owner, and Unit A resident, Mr. Bettona. I asked him if anyone was in his unit or any other and he said nobody was in his, but they were all rented, so possibly, yes.”

Masi ran up to Unit D, which he said he could clearly see was on fire from the outside and touched the door handle to see if it was hot. Since it was only warm, Masi entered the unit, which was filled with smoke, and said he could visibly see the fire coming from the right side of the condo. He announced himself and asked if anyone was in the unit, while lying on the floor to reduce smoke inhalation. After Masi cleared the unit, he went back down to assist with traffic and crowd control with other officers, since fire crews were on the scene at that point.

In a department report, West Manatee Fire Rescue (WMFR) firefighters note they could clearly see the smoke from the fire as they were crossing the Cortez Bridge into Bradenton Beach. Engine 121 was the first to arrive on the scene and noted heavy smoke and fire coming from the Unit D corner of the two-story-over-parking structure building. The E121 team assumed command and advised a firefighter to stretch a 200-foot line to the affected area while another officer from E121 conducted a 360 check of the building, finding one vehicle and no residents present.

Additional trucks arrived, including ladder engine 139 and trucks from Longboat Key and the City of Bradenton, who also assisted. WMFR’s report notes that fire attack did a good job of extinguishing the fire both interior and exterior and all searches came back negative. According to Fire Marshal Randy Kwiatkowski, the fire started on the exterior second-story balcony of Unit D, but the exact cause was undetermined.

Multiple departments fight Bradenton Beach fire
Firefighters extinguish a fire in a second-floor condo at Birds Nest Apartments, 403 Gulf Drive S. in Bradenton Beach on March 8. – Lewis J. Unger | Submitted

“Our investigation could not determine the cause of the fire in part because the extent of damage to the area of origin compromised the integrity of the balcony, creating an unacceptable life safety risk to our investigators,” Kwiatkowski said. “I did call Bradenton Beach Building Official Steve Gilbert, who responded and condemned Unit D. There were no injuries to firefighters or residents. Also, one note of extreme importance is, at the time of the fire, there was one resident in Unit D in the shower who heard the sound of a smoke alarm. Because of the working smoke alarm, he escaped the fire unharmed. I cannot stress enough that working smoke alarms save lives.”

The fire marshal said the building is a four-unit, all-wood construction apartment building. Units B, C and D are licensed transient public lodging establishments/vacation rentals and all three were being rented at the time of the fire. Once the building was cleared of hot spots and the area was cleaned of debris, residents of the undamaged units were allowed to return.

“Without the extraordinary professionalism of West Manatee firefighters and our partnering agencies, this would no doubt have ended more tragically,” Kwiatkowski noted.

Water taxi agreement revisions continue

Water taxi agreement revisions continue

ANNA MARIA – City and county officials continue to work on an interlocal agreement that would allow the Anna Maria City Pier to be used as a landing area for Manatee County’s pending water taxi service.

On March 9, Mayor Dan Murphy and the Anna Maria City Commission discussed but took no formal action on the revised interlocal agreement recently received from the county. That document includes the revisions county staff made to the original agreement the city proposed several months ago.

The discussion resulted in additional revisions being requested by the city commission. Those revisions will be included in an updated agreement to be presented during the commission’s Thursday, March 23 meeting or soon thereafter. If the commission deems those revisions acceptable, the city-revised agreement will be returned to county officials for their consideration.

Waiting for the taxi

The water taxi service was originally expected to begin in March or April. In October, Manatee County commissioners authorized then-County Administrator Scott Hopes to spend up to $700,000 to design and build two pontoon boats to be used as water taxis. Manatee County will initially own the boats to be managed and operated by the Clearwater-based Clearwater Ferry company.

According to Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione, the water taxis will travel to and from downtown Bradenton with anticipated stops at the Anna Maria City Pier, the Bradenton Beach Pier and the Coquina South boat ramp in Bradenton Beach, operating from 10:30 a.m. to 9:30 p.m. on Fridays, Saturdays and Sundays only. Extended hours and/or additional service days are possible depending on demand.

When asked about a starting date for the water taxi service, Murphy told the commission that Falcione would not commit to a specific date but said it would be “right around the corner.”

City revisions

The county-revised agreement says the purposes of the water taxi program are “to relieve

automobile congestion coming to and from the Island, and to provide an alternative and affordable means of public transportation to and from the Island for Manatee County visitors, residents and service workers.”

City Commissioner Charlie Salem suggested removing the word “service” and making the reference inclusive to all who work on the Island.

Commission Chair Mark Short referenced the proposed agreement language that says the cost of any Americans with Disabilities Act (ADA)-related improvements, permits or studies required for water taxi dockage at the pier would be the financial responsibility of Manatee County or its water taxi contractor.

Short said those ADA improvements could potentially include safety rails being added to the existing boat landing area near the T-end of the pier. He noted the proposed language doesn’t address who would cover the costs of any water taxi-related ADA improvements needed elsewhere on the pier in order to serve as a water taxi stop. According to Murphy, the commission would have to approve any changes or improvements made to the pier.

Short also referenced the agreement language that says, “Subsequent maintenance and the cost thereof for the pier shall remain the responsibility of the city.” He suggested the ongoing maintenance remain the responsibility of the county.

Short noted the county-revised version of the agreement references Exhibits A and B, but those exhibits were not included with the document. City Attorney Becky Vose said the city can’t formally enter into the interlocal agreement without being provided with the documents.

Sato Real Estate turns it around for championship

Sato Real Estate turns it around for championship

ANNA MARIA – In an action-packed flag football game, team Pineapple Market Place captured the 11- to 13-year-old league championship against Solid Rock Construction in a close battle last Tuesday night at The Center.

With the 8- to 10-year-old flag football league final game rescheduled due to an event at Anna Maria Elementary School, the top-seed Sato Real Estate squad faced the fourth-ranked Westfall’s Lawn Care and Pest Control last Thursday night.

Sato Real Estate’s 38-7 win against sixth-seed Moss Builders last Monday night earned them their spot in the championship game.

Going into the semifinal game a slight underdog, team Westfall fought their way through two halves of flag football play to win by nine points against Solid Rock.

As the clear favorites, the Sato Real Estate team was shook when their opponents came out onto the field playing to win.

With the much-needed mid-season add-on of Kellen Hunt behind center for Westfall, the Sato team fell behind for the first time in the season with a Westfall touchdown in early play.

In a cleanly physical and exciting game, Sato Real Estate’s Dylan Sato found himself injured and on the bench for several snaps of the football.

Team Westfall continued to play with accuracy and fire, taking advantage of a Sato squad struggling to find its footing in the game.

Self-determined with supportive coaching by volunteer and father Jason Sato, quarterback Brandon Sato lit up the field and ignited the excitement of the sideline with a game-changing interception. B. Sato’s nab of Hunt’s throw gave the Sato Real Estate team the positive play needed to ultimately win the championship.

Finishing the game with five touchdown passes, two defensive flag pulls and two interceptions, including one for six points, B. Sato was the unofficial game MVP.

Big brother D. Sato caught three of his brother’s throws for touchdowns and had a big defensive stop to help win the game.

Teammates Braylen Briggs and Kellen Reed each were the scoring targets for B. Sato, scoring 12 points in receiving touchdowns.

Scoring three total points, Silas DeWitt, Beau DeWitt and Reed all caught for one point conversion after Sato Real Estate TDs.

The remaining team Sato flag pulls came from Reed, B. DeWitt and Briggs. S. DeWitt had three crucial flag pulls to assist his team defensively.

Game-winning and season-making contributions came from Sato Real Estate players Camden Rudacille and Leo Tyler, helping to make the championship win possible.

Despite the loss, Westfall’s players fought hard until the last second of the final youth flag football game of the season played before the adult flag football semifinal games.

Hunt’s touchdown duos in the big game were Ethan Angel, Carter Hey and Callin Westfall, each with a scoring catch for six points. Westfall put four receptions in the stat book.

Angel finished the game with five catches and two flag big flag pulls. Hey made two stops in addition to his TD catch.

Elijah Karabagli and Cody Stockton caught three and two passes for positive yardage for team Westfall, respectively.

Helping the Westfall’s Lawn Care & Pest Control work their way to the championship game, Thadeous Daniels and Ruby Kesten made critical plays throughout the season.

The high-scoring championship game for the older age group was a shootout with 17 total caught passes thrown by Pineapple Market Place quarterbacks, including by Jack Mattick, for a total of 18 points.

Sato Real Estate turns it around for championship
8- to 10-year-old flag football league champions, team Sato Real Estate, are, from left, (top row), Braylen Briggs, Camden Rudacille, Kellen Reed and Brandon Sato, (bottom row) Coach Jason Sato, Beau DeWitt, Silas DeWitt, Leo Tyler and Dylan Sato. – Monica Simpson | Sun

The caliber of play on both sides of the football by both teams makes it difficult to determine who would walk away with the most valuable player honors for the season-ending game.

Mattick threw for three TDs, pulled three flags, caught for one interception and one two-point conversion.

Carter Eurice and the offensive team for Solid Rock Construction threw for 16 passes, scoring 24 points.

Despite the in-the-air action, it ultimately was the two rushing touchdowns that may have been the difference for the 11- to 13-year-old league Pineapple Market Place team.

The speedy wheels of Mattick raced the football past his Solid Rock opponents.

The Pineapple scoring receptions came at the hands of Krosby Lamison with two scoring catches. Cyrus Ryan was the receiver for six points in the endzone.

Lamison’s hot hands made six catches and snagged a flag while on defense.

Rounding out the scoring, Peyton Hovda scored three points with two one-point conversions and a two-point play after a TD. Defensively, Hovda had a team high four flag pulls.

Kaleb Romangnino had a single catch and two flag pulls, while teammate Brantley Kobialka scored one point with a point after conversion.

Brantley finished the last game of the season with two catches in the game.

On defense, Colin Bankert made a huge stop for Pineapple Market Place. Bankert’s teammates Jordan Tobey and Riley Karecki each made team contributions in the winning season.

Working on the other side of the field, quarterback Eurice hit the hands of Hyden Eurice and Audrey Guess for 24 points, each with two TD catches.

Eurice made four catches, two flag pulls and had one interception in the game. Brother Carter Eurice had two flag pulls in addition to his scoring throws.

Guess was the top receiver in the game with eight catches and had five defensive stops.

Austin Guess contributed to his team’s efforts with one catch and three flag pulls, while Addie Guess had two nice receptions and a one-point conversion.

Making a nice two-point conversion and catching a pass for Solid Rock was Colson Mendiola.

Solid Rock Construction’s Bella Roadman had a beautiful defensive stop with a flag pull.

Obi Roadman and Avery Guess made huge team contributions throughout the season, helping the Solid Rock squad make it to the championship game against the top-seed Pineapple Market Place as underdogs.

In the adult co-ed flag football league, #1 met #2 in the final game of the season. With an easy win against The Briley Mortgage Team, with the final score 96-39, the Luxury Services squad secured their position in the big game.

Despite the name, Solid Rock Construction’s owners and family represented Moss Builders on the football field against the Solid Rock team. The Solid Rock squad slotted into the final championship position with the 35-28.

Ready for battle on Thursday, March 16 at 7 p.m., top-seed Luxury Services meets team Solid Rock Construction, with the young team looking to take home the championship.

 

 

Sun Scoreboard

March 6

 

8- to 10-year-old league
Round 2 Playoffs

 

 

#1 Sato Real Estate 38

#6 Moss Builders 7

 

#4 Westfall’s Lawn Care & Pest Control 33

#2 Solid Rock Construction 24

 

11- to 13-year-old league
Round 2 Playoffs

 

#1 Pineapple Market Place 29

#4 Shady Lady Horticultural Services 13

 

#2 Solid Rock Construction 19

#3 Moss Builders 13

 

March 7

11- to 13-year-old league
Championship Game

 

#1 Pineapple Market Place 37

#2 Solid Rock Construction 27

 

March 9

8- to 10-year-old league
Championship Game

 

 

#1 Sato Real Estate 39

#4 Westfall’s Lawn Care & Pest Control 18

 

Adult Co-Ed Flag Football
Round 2 Playoffs

 

 

#1 Luxury Services 96

#4 The Briley Mortgage Team 39

 

#3 Solid Rock Construction 35

#2 Moss Builders 28

‘The 39 Steps’ is outlandish fun

‘The 39 Steps’ is outlandish fun

ANNA MARIA – When hearing that “The 39 Steps” is an early Alfred Hitchcock film from 1935, comedy is probably not the first thing that comes to mind, especially considering the adaptation by Patrick Barlow actually follows the plot of the film fairly closely.

Those facts noted, there is absolutely nothing serious in the Island Players’ production of this hilarious spoof in which four actors play more than 100 characters in a little more than 90 minutes on stage, leaving the audience little time to catch their breath between laughs from a talented veteran cast.

Colin Brady is cool-headed as Richard Hannay, an English gent who, after a visit to the theater, gets swept up by pure chance into a convoluted plot of murder and international espionage. Sylvia Marnie is a mysterious German secret agent, a Scottish farmer’s wife and a stranger on a train who wants nothing to do with Hannay, but becomes ensnared in his plight nonetheless.

Mark Shoemaker and Joseph Smith each play dozens of roles without missing a beat. To accomplish this feat, there are a lot of quick costume changes, many of which take place during the action in front of the audience. To do it any other way would not accomplish what is at the core of “The 39 Steps,” being 180 degrees opposite of what community theater audiences are used to seeing.

At the beginning of the play, director Heiko Knipfelberg warns the audience that there will be special effects including gunshots, strobe lights and dense fog, which all add to the fun, but are not the norm for the Island Players.

Fans of Hitchcock should make sure to keep an eye out for references to many of his other films. Some are subtle, while others are more “in your face” references. It’s all part of the extremely fast-paced fun.

The only thing audiences may have a difficult time keeping up with is the actual plot, but it doesn’t matter, it’s supposed to be that way. Even the protagonist seems lost about what’s going on at times. The laughs come from the journey, which proves the old adage that getting there is often more fun than the destination.

“The 39 Steps’” runs through Sunday, March 26, with daily performances at 7:30 p.m. and a Sunday matinee at 2 p.m. There are no performances on Mondays. Tickets are $25 at the box office and $27 online. The box office is open Monday through Saturday 9 a.m. to 1 p.m. and can be reached by phone at 941-778-5755 or online.

Reel Time: Spring is in the air

Reel Time: Spring is in the air

I heard my first whippoorwill almost three weeks ago. It’s one of my favorite times of the year and one of the most productive for anglers who fish with flies, artificial lures or live bait. I like to think of this time of the year as spring training. March and early April can be challenging months, but they can also be very productive. It’s a time when the changing seasons can bring clear skies and balmy breezes one day and high winds and late-season cold fronts the next. It’s a good time to keep an eye on the weather and water temperature.

Water temperatures that hover in the 70s bring fish out of their winter haunts. It doesn’t matter if it’s winter one day and spring the next. Even if the weather is unpredictable, anglers know to start watching for the signs of spring. They’ll keep an eye on the Gulf, looking for flocks of diving sea birds as they feast on schools of baitfish that gather off the beaches in their seasonal migration. They know from experience that schools of little tunny, Spanish mackerel, cobia and kingfish will be attracted by and feed around the schools of bait.

In the bay, trout, redfish and snook will be roaming the flats in search of pilchards, shrimp and glass minnows. Spring is the time when local anglers have a host of piscatorial choices and some of the best conditions, mostly. The weather, while always unpredictable during the changing seasons, seems to be warmer every year. Of course, it’s always possible that a late-season cold front can rile Gulf and bay waters. It’s a swing time and the kind of weather that can play with the emotions of the die-hard angler. But hope springs eternal and we know from experience that it won’t be long before spring is here.  That’s why it’s time to be prepared, flies tied and tackle ready for that day when it’s no longer a question of when it will happen, but what species we’ll fish for!

I like this time of year even if it can be exasperating. One day the flats and Gulf can be barren and the next the action is red hot. When fishing the Gulf, having a rig on board that can handle a big cobia or kingfish makes good sense and having wire at hand in case toothy kingfish and Spanish mackerel make an appearance can make or break a day.

If you’re fishing the Gulf and bait isn’t showing on the surface, try fishing areas where they congregate, like artificial reefs, rocks, and ledges. I like to work a top water plug or fly-over structure and have often found fish where there was no outward sign of their presence.
In the bay, work the areas of the flats on the outside seams of grass flats and the edges and ends of sandy potholes. Pay particular attention to deep grass that’s often present at the end of a pothole and work your casts into the area by casting short and then progressing right over the hole. Top water plugs and flies are particularly effective when waters warm and can be an invaluable aid in finding action.

Whatever your fishing style or whether you like fishing the Gulf or bays, take advantage of this swing time and you might just be rewarded with the promise of spring.