The word “contingent” is defined as “subject to chance,” something that no one wants to hear in a real estate transaction. However, every contract to purchase real estate is likely to have contingency clauses. It’s up to both the buyer and seller to understand what the chance you are taking is and either assume the risk or don’t sign the contract.
Contingent clauses are commonly attached to an offer to purchase real estate and are included in the real estate contract. Essentially, a contingency clause gives parties to the contract the right to back out of the contract under certain circumstances that must be negotiated between the buyer and seller.
Virtually anything can be written into a real estate contract as a contingency, from the replacement of a roof to including the owner’s boat in the sale, but the most common items are as follows:
Financing Contingency: A financing contingency or a mortgage contingency gives the buyer time to apply for and obtain financing for the purchase of the property. This protects the buyer, who can back out from the contract and reclaim their earnest money in the event they are unable to secure financing from a legitimate lender. Keep in mind that in today’s real estate culture, most sellers will want to see a mortgage preapproval from a buyer before they enter into a transaction with them.
Appraisal Contingency: Contracts that include a financing contingency will also contain an appraisal contingency. If an appraisal by an independent appraiser comes in under the agreed-upon purchase price, the contract can be canceled or the price and/or terms can be renegotiated.
Home Sale Contingency: This gives the buyer a specified amount of time to sell and settle their existing home in order to finance the new one. Again, this protects the buyer but puts the seller at a disadvantage since their property is basically off the market. This was done all the time in the good old days of real estate when most buyers and sellers had more patience, and the real estate market was not as competitive.
Inspection Contingency: This allows the buyer to have the home inspected within a specified time period, typically five to seven days. It also protects the buyer, who can cancel the contract or negotiate repairs based on the findings of a professional home inspector. There is also a required termite inspection from a qualified termite inspector in order to obtain financing.
These are the standard contingencies, but I recently read about an innovative contingency regarding the buyer’s job status that’s happening with the job market in turmoil, especially in the tech sector. It’s known as the employment contingency, stating that if the buyer is laid off from their job before closing, they can back out of the deal. There could be a 30-day or more time frame for the buyer to find another job that will still qualify them for a mortgage, but either way it’s a dicey position for a seller to be in. Nevertheless, with the real estate market getting softer, buyers feel more confident asking for contingencies compared to a year ago.
The process of purchasing real estate is fraught with chance; the chance you may not find the right home, the chance that your offer will not be accepted, the chance the home will not pass inspection and the chance that your financials may not allow you to purchase the property. Think of contingency clauses to your contract as just one more chance you have to take in a lifetime of chances.
In 1978, Billy Joel won a Grammy Award for his song “Honesty.” The premise of the song was how dishonest relations between lovers can be. But honesty, integrity and straightforwardness of conduct are key elements in a real estate transaction, which essentially is a relationship between people.
It’s been a long time since I wrote about property disclosures when purchasing primarily residential property, so it’s probably time for a few reminders.
In real estate purchases, the buyer needs to be aware of potential problems with the property and employ the proper inspectors to inspect and verify the home is free of major defects. Helping buyers in this area are Florida state laws that require sellers to disclose defects before the property closes. Since 1985, Florida law has provided that with some exceptions, the seller must disclose any facts or conditions about the property that may have a substantial impact on the value or desirability of the property that may not be visibly obvious.
The Florida Association of Realtors provides a standard form that covers many common property characteristics about which buyers want to know. Some of these items are potential claims or court proceedings; nature of condominium or HOA associations rules; boundary issues; status of any sinkholes; any environmental hazards such as asbestos, lead paint, mold, Chinese drywall; damage from wood destroying organisms; flooding or ground leaks; disclosure of the condition of major systems such as central air and heat, plumbing and electrical systems and brands and condition of appliances.
Although sellers are not required to complete and sign this form, they are still required to disclose all relevant information to buyers even when it may not be obvious. The disclosure of hidden problems is, of course, the most important information, and I would be careful if a seller refuses to put in writing the property disclosure information.
Sellers do have some protection regarding disclosure; they are not required to disclose those property defects of which they have no actual knowledge. If buyers discover a material problem after closing, the onus is on them to prove the seller knew about the defect and did not disclose it, as well as justify that the defect has had a substantial impact on the value of the property.
In addition, homeowners do not need to disclose to buyers if the property has been inhabited by a person infected with HIV or AIDS or that a murder or suicide has occurred or is suspected to have occurred on the property. I would add that reports of a property being “haunted” also do not have to be disclosed.
A word of caution: Homeowners may think that if they are selling the property in an “as is” condition, that absolves them from the requirement of full disclosure. This is not the case and sellers will have to disclose any material defects even if the property is listed as “as is” condition.
The lesson here is that buyers need to do their due diligence to uncover any hidden problems in a property. Sellers must adhere to the principles of honesty in making any pertinent disclosures to buyers and instill confidence in the buyers.
Billy may have had it right in 1978 when he wrote “everyone is so untrue.” But I prefer to believe that most people are basically honest and transparent; hopefully, I’m not wrong.
ANNA MARIA – Week one of adult co-ed recreational soccer opened up the spring season with an action-packed game between Vintage Beach and Duncan Real Estate.
In the close match-up, both teams showed impressive passing and shooting to start the season, but the shooting efforts of the Vintage Beach squad eked out the 4-3 win in the final seconds of the game.
Starting the game in goal, Danny Free made six saves for the Vintage team before being replaced by designated goalkeeper Mark Rudacille.
Rudacille finished the game with eight stops, while Charles “Tuna” McCracken protected the net for team Duncan Real Estate. Credited with 12 saves, McCracken’s stops helped his team stay in contention for the full 40 minutes of regulation play.
On the scoring side of the game, team captain Kevin Roman scored a single goal. Tyler “Bean” Brewer eluded the Vintage Beach defense and keeper with two goals, keeping his team in the game.
Joey Hutchinson, captain for Vintage Beach, successfully struck twice for two points. Mid-game, Mandy Sky struck hard and accurately at the Duncan net for a goal.
Vintage Beach team member JD Webb’s ball handling and ability to move around the Duncan defense al- lowed him to get past McCracken with a scoring shot.
The offensive assists by Free, Hutchinson and Rudacille helped give the Vintage Beach squad their first win of the season.
To round out the first week of adult soccer play, Pool America handily defeated Moss Builders by seven points, with the final score 10-3.
Solid Rock Construction won by two goals against Sato Real Estate, putting them at the top of the leaderboard along with the Sandbar Seafood & Spirits team.
Finishing the night of soccer at The Center, the Sandbar easily won against Gulfview Windows & Doors. Team Sandbar scored 12 goals in the game, with a nine-point lead over Gulfview.
With six regular-season games to go, the Island’s community center adult soccer league is sure to give spectators and players a fun season of strikes, stops and scoring.
SUN SCOREBOARD
MARCH 23
ADULT CO-ED SOCCER
WEEK 1
Vintage Beach (1-0-0) 4 Duncan Real Estate (0-1-0) 3
Pool America (1-0-0) 10 Moss Builders (0-1-0) 3
Solid Rock Construction (1-0-0) 5 Sato Real Estate (0-1-0) 3
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.
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.
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.
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.
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.
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.
ANNA MARIA – Coming off a hilarious run of Neil Simon’s “The Odd Couple, The Female Version,” the Island Players are ready to take the audience for a ride across England and Scotland to stop an international gang of spies, with four actors playing more than 150 characters in a comedic adaptation of the Alfred Hitchcock thriller, “The 39 Steps.”
Director Heiko Knipfelberg promises that audiences will see things they aren’t used to seeing at an Island Players production, including special lighting and sound effects and non-stop action. When asked to describe how an Alfred Hitchcock film could become a zany comedy, Knipfelberg offered this quote from The New York Times to sum it up: “Mix a Hitchcock masterpiece with a juicy spy novel and a dash of Monty Python, and you have ‘The 39 Steps.’ ”
The play is adapted by Patrick Barlow from the novel by John Buchan, but the Hitchcock film is at its core.
“The authors of the play included most of the film, almost verbatim in a stage production,” Knipfelberg said. “They’ve taken license in certain areas, certainly in the way they’ve used the characters. We have a female lead who plays three characters and a male lead who plays himself throughout the whole play, but then we have two clowns who play about 60 characters each. Unlike Hitchcock’s version, this is very much a comedy.”
“The 39 Steps” runs from Thursday, March 9 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 from 9 a.m. to 1 p.m. and can be reached by phone at 941-778-5755 or online.
ANNA MARIA – City officials and their allies are gearing up to oppose the newest attempts by the Florida Legislature to preempt more local short-term vacation rental regulations to the state.
This year, the Legislature is considering Senate Bill 714 and House Bill 833. Senator Nick DiCeglie (R-St. Petersburg) sponsored SB 714 and State Rep. Wyman Duggan (R-Jacksonville) sponsored HB 833.
In addition to limiting local government’s ability to register, inspect and regulate short-term vacation rentals, the proposed legislation seeks to give the state the exclusive regulation of online advertising platforms such as Vrbo and Airbnb.
The proposed legislation would also impact Florida cities financially by cap- ping the annual vacation rental registration fee that can be charged.
“Local governments may charge a fee of no more than $50 for processing an individual registration application or $100 for processing a collective registration application,” according to SB 714.
Commission reaction
Commissioners discussed SB 714 at the Feb. 23 Anna Maria City Commission meeting.
“It pretty much makes us a gatekeeper for people to register a vacation rental,” Mayor Dan Murphy said. “Even with that, you could do blanket registrations. If you’ve got 75 homes in our city, you can just do one blanket registration. It takes away the registration fee we use to enforce our (vacation rental) ordinance. It takes away our being able to regulate the advertising program, which is key to enforcing occupancy.”
This year, the city of Anna Maria is charging an annual registration fee of $84.17 per occupant allowed in accordance with the city’s vacation rental ordinance. This year’s annual fee for four-occupant vacation rentals is $336, with a six-occupant vacation rental fee of $505 and a 12-occupant vacation rental fee of $1,010. The registration fees are projected to generate approximately $415,000 for vacation rental enforcement during the 2022-23 fiscal year.
“It totally guts everything,” City Attorney Becky Vose said. “It’s a horrendous statute. Hopefully, it won’t pass.”
“What this amounts to for people who live in Anna Maria is a tax increase be- cause the money that’s collected through these registration fees is only collected
in order to enforce these regulations. It’s going to have to be made up somewhere else,” Commissioner Charlie Salem said. “This problem stretches over the bridge. We hear more stories about vacation rentals popping up in Palma Sola, west Bradenton and Bradenton. So, this problem, while it’s been acute on the Island, is coming to a neighborhood in Manatee County. The residents of Manatee County and their representatives should be really concerned. It basically amounts to residents funding vacationers’ activities, and I don’t think that’s what their intent is.”
Murphy noted the city has been fighting this annual legislative battle for the past six years. To combat these latest efforts, the city will again rely on its contracted lobbyist and the city-owned www.Hom- eRuleFl.com website that provides concerned citizens with issue-specific form letters that target key state legislators.
ANNA MARIA – Last Thursday, The Center’s adult co-ed flag football league closed out the regular season with team Luxury Service undefeated with a 7-0 record.
On the flip side of the coin, the Ugly Grouper squad finished without a win.
The two teams meet up in the quarterfinal round of the playoffs on Feb. 3. A playoff miracle for Ugly Grouper is needed against the high-scoring Luxury team.
The Briley team easily defeated the Ugly Grouper lineup last week 41-0, finishing the season with a 4-3 record.
A late player substitution was made to The Briley Mortgage Team roster with the addition of Jon Moss working behind the center as quarterback.
The change led to a passing game with 30 receiving points, including four thrown by Moss and one by Connor Haughey.
On the receiving side of the scoring, the hot hands and body control by Karri Stephens scored 12 points. Stephens had one defensive stop in the game. Jesse Skipper, Mike Bolognone and Haughey each had a six-point catch to help The Briley team capture their fourth win of the season.
Skipper had a single flag pull and a sack. Haughey’s game stats include one receiving reception, a single one-point conversion, seven total catches and stop while on defense.
Topping off the offensive scoring for The Briley Mortgage Team were Jana Whitehead and Alonzo Lemus, each with a point after a touchdown conversion.
The remaining defensive stops included flag pulls by Bolognone, Whitehead and Lemus, with an interception by Lemus.
Despite the loss, the Ugly Grouper players put critical statistics into the books in last week’s game. Kiatrell Zachery led the defense with six flag pulls and one interception.
Credited with an INT while on defense, Limarcus Waller lit up the football field with three catches and four flag pulls.
Daniel O’Connor had two defensive stops, adding to a single by Colton Fox.
Contributing offensively, Zachary Blakeney and Devyn Larson each had a catch for important yardage in the game.
With Jon Moss as the QB for Briley Mortgage Team, there is a potential match-up against family members on team Moss Builders.
Brother Ryan Moss, cousin, Greg Moss, and father, Ed Moss, make up nearly a third of the team that defeated The Banks Home Lending Team on Feb. 23 with a score of 38-19.
Moss Builders finished the season with a 6-1 record and faces Gulf Drive Café in the first round of the adult league playoffs at 6 p.m. on Thursday.
The café team had a single win in the regular season, with a loss handed to them by The Sandbar team in the final week of pre-playoff games.
Almost pulling out a win last week, with the final score 48-41 in Sandbar’s favor, Gulf Drive Café goes into the playoffs as underdogs against the solid Moss squad.
In the final game of the first playoff night, The Briley Mortgage Team snaps against The Sandbar at 9 p.m.
ANNA MARIA – The city has new food truck/mobile food dispensing vehicle regulations in place.
The new regulations are set forth in city resolution R23-787, which the city commission adopted by a 4-1 vote on Feb. 9.
The resolution accompanies the food truck/mobile food dispensing vehicle ordinance, Ordinance 23-913, adopted by commissioners on Jan. 26. The ordinance allows food trucks to operate in Anna Maria only on privately-owned properties that carry a C-1 (commercial) zoning designation. The ordinance includes a provision that allows food truck operations elsewhere in the city during city commission-approved special events.
Resolution R23-787 contains the following regulations:
Every food truck must be a motorized vehicle with a valid tag; no trailer may operate as a food truck.
No food truck may be longer than 18 feet.
No more than one food truck shall be located on any one tax parcel.
No more than one vendor may operate out of one food truck.
No food truck shall be permitted to operate before sunrise or after sunset.
Every food truck operator must provide a trash bin and recycle bin and remove all trash and recyclables from bins and properly dispose of it off-site at the end of each day of operation.
Every food truck operator shall keep the site of the food truck and surrounding areas clean and picked up during hours of operation and shall also clean up the site at the end of each day of operation.
All food trucks shall be in compliance with any and all state, county and city regulations and laws regarding the operation of food trucks.
Recently appointed Commissioner Charlie Salem initiated a discussion about a proposed regulation that would have required food truck operators to provide temporary seating for their patrons. Salem noted food trucks are often considered “grab and go” dining options and requiring tables and chairs might result in more objects being placed in the temporary food service area than the city wants.
Anna Maria’s new mobile food truck regulations prohibit non-motorized food dispensing trailers. – Sun file photo
Commission Chair Mark Short said he proposed the seating requirement as a way to help ensure that food containers and other trash associated with the food truck operation are properly disposed of. Short said it wasn’t his intent to require all food purchased from a food truck to be eaten in the provided seating area. Short later voted against the resolution after the proposed seating requirement was removed.
Commissioner Robert Kingan questioned whether requiring food truck operators to provide tables and chairs might be considered onerous by the state. The commission adopted the food truck ordinance and resolution in response to a state law enacted in 2020 that prevents local governments from prohibiting food truck operations citywide or countywide. The state law also prohibits local governments from imposing additional licensing requirements and/or licensing fees on food truck operators.
Commissioner Jon Crane asked who would enforce the ordinance and the resolution. Mayor Dan Murphy said the Manatee County Sheriff’s Office and the city’s code enforcement officers would enforce both. In response to a question posed during public comment, Murphy said any excessive food truck generator noise would be enforced according to the city’s noise ordinance.
ANNA MARIA – Commissioners have established the city’s vacation rental registration fees for the year-long period encompassing portions of 2023 and 2024.
The new fee will be $84.17 for each occupant allowed in accordance with the city’s vacation rental ordinance, adopted in 2015, and also in accordance with approximately 100 Bert Harris claim settlements reached in 2016 and 2017 that allow higher total occupancies at specific vacation rental properties.
The registration fee is increasing by $9.70 per occupant from the $74.47 per occupant fee established last year. For existing vacation rentals, the increased fee takes effect as annual registration licenses are renewed throughout the year.
The annual occupancy-based registration fees are established each year by a resolution adopted by the city commission.
“We do this each year because under Florida law our fees need to be based on the actual cost of enforcing our ordinance,” City Attorney Becky Vose said when presenting resolution R23-786 to commissioners on Feb. 9.
Vose noted Mayor Dan Murphy and City Clerk/Treasurer LeAnne Addy created the proposed fee schedule. The annual registration fee for a one-bedroom short-term vacation rental that allows two guests per bedroom plus two additional guests will be $336.38. The annual fee for a six-occupant vacation rental will be $505.02. The annual fee for a 12-occupant vacation rental will be $1,010.04. The highest annual fee listed in the resolution is $2,440.93 for a vacation rental that allows 29 occupants.
Addy said the annual registration fees are calculated to cover the costs of enforcing the city’s vacation rental ordinance. Those costs include enforcement personnel and vehicles and the lobbying costs associated with the state Legislature’s annual attempts to preempt vacation rental regulation to the state rather than the city. The fees also cover vacation rental-related inspection costs, administrative costs and more.
Murphy also noted the annual fee is strictly related to the enforcement of the city’s vacation rental ordinance. Each year he estimates what the city’s total vacation rental enforcement costs will be and then divides that number by the number of registered vacation rental units in Anna Maria. The 2022-23 fiscal year budget adopted in September included $415,110 in projected vacation rental registration fee revenues.
Commission Chair Mark Short asked Murphy if the new fee matched the anticipated vacation rental expenses and revenues included in the 2022-23 fiscal year budget adopted in September.
Murphy said the fee is in line with the projections made for the current fiscal year budget. Addy said registration revenues might be slightly higher than projected due to the ongoing construction of new vacation rental homes.
ANNA MARIA ISLAND – The recent proposal by Manatee County’s state legislative delegation to fund a study to determine the feasibility of combining or eliminating the three Anna Maria Island cities has far-reaching ramifications.
The Florida Legislature has the power to merge or dissolve cities, although it has only dissolved three cities in the past 50 years.
The 1973 ratification of the Home Rule Powers Act allows dissolution or consolidation by a special act of the Florida Legislature or by a referendum vote of the voters in the municipality, according to the Florida League of Cities.
Since then, only 11 municipalities have been dissolved and only three were by a special act of the Legislature: Hacienda Village was merged into the town of Davie in 1984, Golfview was sold to an airport in Palm Beach County for a new runway in 1998 and Islandia was dissolved in 2012 because the population dwindled to less than five and no elections had been held since 1990.
In 2005, voters in Bradenton Beach and Holmes Beach voted in favor of a non-binding resolution to study the feasibility of consolidation, but Anna Maria city commissioners opted to not put the question to voters in that city, so nothing came of the proposal.
If the state Legislature consolidates the three Island cities into one new municipality, the new city would lose its existing ordinances, including length of stay for vacation rentals, height restrictions, parking restrictions, occupancy requirements and vacation rental regulations. Some regulations would lose their grandfathered status as they would be pre-empted by subsequent state law, according to the league.
Deconstructing cities
According to Florida Statute 165.061, not only can a municipality be dissolved by a special act of the state Legislature, but multiple municipalities also can be merged together.
The statutory requirements for a municipality to be dissolved include that the municipality not be substantially surrounded by other municipalities. The county or another neighboring municipality also must prove the ability and willingness to provide necessary services to the dissolved municipality and be able to absorb the financial responsibilities of the dissolved municipality. In addition, a financial or job placement arrangement must be made for employees of the dissolved municipality.
To create a new municipality by merging existing municipalities, the area under consideration must be compact, contiguous and susceptible to urban services, honor existing solid waste contracts, provide financial compensation or job placement for employees and meet the prerequisites to annexation listed in Florida Statute 171.042. Some of those prerequisites include the creation of a new boundary map, creating plans for the running and governing of the new municipality and holding public hearings for all residents and property owners.
Mayors on Anna Maria Island have expressed their opposition to the dissolution or consolidation of the cities and met on Jan. 30 with delegation members Rep. Will Robinson Jr. and Rep. Jim Boyd to discuss the proposed study and a proposed bill to circum- vent Holmes Beach regulations to build a four-story parking garage at the county-owned property at Manatee Beach. A joint statement on the two topics is expected to be issued after press time for The Sun.
ANNA MARIA – The city of Anna Maria has a new food truck ordinance in place that limits food truck operations to private properties located in C-1 (Commercial) zoning districts.
On Thursday, Jan. 26, the Anna Maria Commission unanimously adopted Ordinance 23-913 on second and final reading. The ordinance establishes the areas where food trucks are allowed to operate on a general basis.
Anna Maria’s C-1 zoning districts are located at the corner of Pine Avenue and Bay Drive South, the Galati yacht sales and marina property at the end of Bay Day Drive South, several Gulf-side properties between Elm Avenue and Magnolia Avenue (including the Chiles Hospitality group properties) and some properties along Gulf Drive between Magnolia Avenue and Palmetto Avenue. Food trucks will be allowed elsewhere during special events, as permitted by the city commission.
An accompanying city resolution to be presented at the commission’s next meeting will establish the specific food truck regulations that address operational hours, the size and number of trucks allowed, trash disposal and more.
Last year, the commission discarded a proposed food truck ordinance that would have created a designated food truck zone at the northwest end of Bayfront Park – a location that garnered opposition from several residents and property owners in that area.
Commissioner Jon Crane supports the new food truck ordinance. – Joe Hendricks | Sun
“This version of the food truck ordinance is much better than the first attempt. This really hones in on what the city should be doing. I’m all for it,” Commissioner Jon Crane said during Thursday’s meeting.
The mayor and commission’s efforts to adopt a food truck ordinance are in reaction to state legislation adopted in 2020 that prohibits city and county governments from prohibiting food trucks citywide or countywide.
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