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Non-conforming lot ordinance on hold

Non-conforming lot ordinance on hold

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The Anna Maria City Commission is delaying action by a month on a proposed ordinance pertaining to multiple non-conforming lots located on a single property.

The commission reached this decision, in part, because adopting the proposed ordinance would almost certainly subject the city to Bert Harris claims filed by negatively impacted property owners. Restrictive language contained in hurricane relief-related Senate Bill 250 also factored into the decision.

Proposed ordinance

In March, the planning and zoning board voted 2-1 in favor of recommending city commission denial of the proposed ordinance, Ordinance 23-914.

On May 11, the city commission discussed the proposed ordinance on first reading.

Section 114-135 of the city’s code of ordinances currently says non-conforming lots that don’t conform with the city’s minimum lot size and area requirements may be built upon as long as the proposed construction complies with all spatial and bulk requirements and all other regulations applicable to conforming lots and parcels.

The proposed ordinance contains new language that states “If two or more platted lots have been combined or used together at any time for a unified development or recognized as one lot under a single parcel ID, such combined lots shall not be utilized separately for use as individual lots for construction unless each individual lot is conforming as to minimum dimension and lot area at the time of requested development or redevelopment.”

Non-conforming lot ordinance on hold
City Planner Ashley Austin presented the proposed ordinance to the city commission. – Joe Hendricks | Sun

When presenting the proposed ordinance amendment to the commission, City Planner Ashley Austin said it would provide consistency with the comprehensive plan which establishes a maximum density of six dwelling units per gross acre and a minimum lot size of 7,260 square feet.

Austin said the proposed amendment would only affect existing non-conforming lots that have been combined by a unified development, with the most common scenario being a single-family home built over two lots.

“Those lots would be deemed non-conforming,” Austin said. “Many of these lots in question are approximately 5,000 square feet.”

City Attorney Becky Vose addressed the legal concerns that would be created by SB 250 if Gov. Ron DeSantis signs the proposed legislation into new state law.

Vose referenced the following language that she said was buried in the appropriations bill: “A county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before Oct. 1, 2024. Any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void. This subsection applies retroactively to Sept. 28, 2022.”

“Anna Maria is within 100 miles of that landfall. If this gets signed, jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome,” Vose said.

Mayor Dan Murphy said SB 250 contains $60 million in state appropriations for communities damaged by the two hurricanes and that makes it highly unlikely that DeSantis will veto the bill.

“Our chances of stopping this are slim and none,” he said, noting the city still needs to confirm whether Anna Maria is within the 100-mile range of Hurricane Ian’s landfall, as calculated by the state.

Commissioner Jon Crane asked Vose about the risk of Bert Harris claims being filed against the city if the proposed ordinance is adopted.

Enacted in Florida in 1995, the Bert J. Harris Jr. Private Property Protection Act provides relief for property owners aggrieved or inordinately burdened by the actions of the state or a local or county government.

Vose said existing city code allows the owner of two or more existing split lots to build on those lots even if they’re smaller than the currently required minimum lot size.

Vose also said a recent change in state law now requires the losing party to pay all the winning party’s attorney fees associated with a Bert Harris claim, beginning with the filing of the claim.

“I would anticipate that we would get significant Bert Harris claims,” Vose said. “It would be a pretty expensive proposition to do this.”

Public input

During the March planning and zoning board meeting, longtime Anna Maria resident and former city commission and planning board member Doug Copeland expressed his opposition to the proposed ordinance. He said he and many other property owners would file Bert Harris claims against the city if the proposed ordinance is adopted.

Non-conforming lot ordinance on hold
Former city commissioner Doug Copeland urged the city commission to reject the proposed ordinance. – Joe Hendricks | Sun

During Thursday’s meeting, Copeland said he and his wife, Pat, have owned their property since 1974 and their property contains a house on one lot and a garage on the second lot.

“We’ve always assumed that we would be able to sell or build on the second lot. My daughter expressed interest in building a second home on that property. I’m sure everyone who owns these properties always assumed there’s a certain value in that second, third or fourth lot,” Copeland told the commission.

Copeland said there are at least 500 lots in Anna Maria that are smaller than the currently required minimum lot size and imposing new restrictions on 37 property owners isn’t going to resolve that concern.

“This is a prime example of an inordinate burden. I spoke to a land use attorney. He said that ordinance reads like a textbook case for Bert Harris,” Copeland said.

Copeland urged the commission to discontinue further discussion on the proposed ordinance that would subject the city to significant attorney fees and potential settlement costs.

The commission then reached a consensus to continue the first reading of the ordinance and take no further action for at least a month.

Proposed vacation rental legislation fails

Proposed vacation rental legislation fails

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

TALLAHASSEE – The Florida Legislature has failed in its efforts to preempt the regulation of short-term vacation rentals to the state.

During the 60-day legislative session that concluded on May 5, the Florida Senate and House of Representatives both proposed preempting the regulation of short-term vacation rentals (also known as transient public lodging establishments) to the Florida Department of Professional and Business Regulation (DBPR).

Doing so would have severely limited city and county governments’ ability to regulate and inspect short-term vacation rentals at the local level. The proposed legislation would have prohibited city and county governments from imposing and enforcing occupancy limits and would have also ended their ability to regulate and enforce short-term vacation rental advertising by online platforms such as Airbnb and Vrbo.

Florida law defines a transient public lodging establishment as any unit, group of units, dwelling, building or group of buildings rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less; or which is advertised or held out to the public as a place regularly rented to guests.

On April 27, the Senate adopted SB 714 on third and final reading by a 28-10 margin. Sen. Jim Boyd (R-Bradenton) and Sen. Joe Gruters (R-Sarasota) voted in favor of the proposed legislation.

On May 3, the House voted 73-39 in favor of adopting on third reading an amended version of House Bill 833. Rep. Will Robinson Jr. (R-Bradenton) voted in favor of the proposed legislation.

According to Anna Maria Mayor Dan Murphy, a last-minute amendment made to the House bill would have prohibited local governments from suspending for any reason a locally issued vacation rental registration or license.

Proposed vacation rental legislation fails
Anna Maria Mayor Dan Murphy led the city’s opposition efforts. – Joe Hendricks | Sun

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The House amendment resulted in HB 833 no longer being an identical companion bill to SB 714, which in turn resulted in the non-matching House and Senate vacation rental bills both dying. If matching House and Senate bills had passed through their respective governing bodies, the legislation would have been sent to Gov. Ron DeSantis for him to veto or sign into new state law.

Using the city’s contracted lobbyist and the city-owned Home Rule Florida website, Murphy, the Anna Maria City Commission and City Clerk LeAnne Addy led the statewide opposition to the proposed vacation rental legislation. According to Addy, the Home Rule Florida website generated and resulted in approximately 40,000 opposition emails being sent to state legislators during the past two months.

Proposed vacation rental legislation fails
City Clerk LeAnne Addy manages the city’s Home Rule Florida website. – Joe Hendricks | Sun

When contacted Friday, Murphy shared his thoughts on the failed legislation.

“We are pleased that the vacation rental legislation died a natural death. It was poorly thought out and would have been unenforceable by the state,” he said.

“At the same time, we realize this issue will come back again even stronger next year. So, we’re preparing for that fight now. HomeRuleFl.com served a vital role in getting the word out, not just locally, but across the state as well. We plan to expand our coverage over the next few months so as to have greater coverage and an even more diverse universe of users interacting with our website,” Murphy said.

Castles in the Sand

Packing up the wealth

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

Pity the poor governors of some of the large metropolitan areas in the Northeast, West and Mid-west. Specifically, New York and Illinois, where their mostly wealthy and upper-middle-class residents are packing their bags and their money and heading to other states where they think they will be more appreciated.

The IRS’s adjusted gross income statistics show a startling pattern of migration within the United States; two of the most astounding states are Illinois and New York. The IRS data shows a net 105,000 people left Illinois in 2021, costing the state approximately $10.9 billion in adjusted gross income. That’s up from $8.5 billion in 2020 and $6 billion in 2019. New York’s income loss increased to $24.5 billion in 2021 from $19.5 billion in 2020, and $9 billion in 2019. In addition, California lost $29.1 billion in 2021, more than triple what it did in 2019.

By comparison, the lowest tax states kept adding income even during the COVID-19 pandemic. Florida, a state with zero income tax, gained $39.2 billion, up from $23.7 billion in 2020, and $17.1 billion in 2019. The states that contributed the most to Florida’s billion-dollar bonuses were New York, Illinois, New Jersey and California. Florida certainly isn’t alone – many other low-tax states like Texas, Arizona and Nevada have also benefited from this wealth migration. In addition, Florida and other low-tax states led the country in job growth. Florida’s employment grew 4.5% over the past year and Illinois’ gain was 2.2%.

As great as Florida’s wealth gain is, we have dropped out of the Emerging Housing Markets Index compiled by Realtor.com. Although Florida regions have typically been in the top 10, in some of our smaller and growing areas they are not within the top 10 on this most recent index. This is the good and the bad of being a very popular state. Everything becomes more expensive and housing costs, as we all know, are not nearly as affordable in Florida as they once were.

The first quarter index indicates that buyers demand affordable homes and most of these are in the small Midwest cities. The top-ranking area is Lafayette, Indiana and the 10th ranking is the Manchester-Nashua, New Hampshire region. The index ranks the 300 biggest metro areas in the United States. In addition to housing market indicators, the index incorporates economic and lifestyle data. Real estate taxes, unemployment, wages, commute time and small business loans are all factored in.

Finally, I would be remiss not to point out that as of May 1, Fannie Mae and Freddie Mac, the quasi-government agency that controls and insures most of the residential mortgage financing in the country, has changed some of the agency’s mortgage pricing.

The new rules add fees for many borrowers with high credit ratings and large down payments and use them to reduce the cost of borrowing for those with lesser credit ratings and smaller down payments. There is a formula that factors in the borrower’s credit rating and the down payment, but the spirit of the change is to support lower-income homebuyers who, in the opinion of the Federal Housing Finance Agency that regulates Fannie Mae and Freddie Mac, have the “financial capacity to sustain a mortgage.” Congress is naturally taking a look at this new fee schedule and comparing it to the subprime debacle prior to the 2006-07 financial meltdown.

Next time one of the high-tax states evacuees move in next door, greet them and their bags of money. Florida has indisputably changed from when my parents moved here in the 70s and I’m pretty sure they would think it’s a good thing. My father always said Florida has the best roads in the country. He should see the traffic now.

Vacation rental bills reach final votes

Vacation rental bills reach final votes

Written by Joe Hendricks on . Posted in Community News, Featured, Manatee County.

ANNA MARIA – Local governments, including those on Anna Maria Island, are in danger of losing their ability to regulate short-term vacation rentals at the local level.

Using a contracted lobbyist and the city-owned Home Rule Florida website, the city of Anna Maria is at the forefront of the statewide opposition to the Florida Legislature’s efforts to preempt short-term vacation rental regulations to the state; and specifically, to the Department of Business and Professional Regulation (DBPR) that already requires short-term vacation rentals to be registered with the state.

On April 27, the Florida Senate adopted by a 28-10 margin the final amended version of Senate Bill 714. Sen. Jim Boyd (R-Bradenton) and Sen. Joe Gruters (R-Sarasota) supported SB 714.

The matching and accompanying House bill, HB 833, is scheduled for a final vote of the House members this week. During a previous committee stop, State Rep. Will Robinson Jr. (R-Bradenton) supported the bill.

If the House joins the Senate in adopting the proposed legislation, the matching bills will be sent to Gov. Ron DeSantis to veto the legislation or sign it into new state law that would take effect July 1.

The state preemption of vacation rental regulation would apply to short-term vacation rentals, also known as transient public lodging establishments, rented for less than 30 days more than three times a year, or advertised as such.

Commission concerns

During the Anna Maria Commission’s April 27 meeting, Mayor Dan Murphy referenced a late amendment made to SB 714 before the Senate adopted it.

The amended Senate bill would allow a local government to suspend, terminate or refuse to issue or renew a locally-issued vacation rental registration if the vacation rental premises, owner or operator has been found by a local code enforcement board to have violated a registration requirement.

The registration could also be suspended if two more violations of a local law or regulation that does not apply solely to vacation rentals occur within a 90-day period. This would include noise ordinance violations. The local government would be required to first issue a written warning or notice and provide the rental owner or management company the opportunity to cure the violations before suspending or terminating the rental registration.

Vacation rental bills reach final votes
Anna Maria Mayor Dan Murphy has been at the forefront of the city’s vacation rental-related legislative battles this year and in years past. – Joe Hendricks | Sun

“It’s a glimmer of hope. You could suspend a vacation rental registration for two violations of noise, two violations of our code over a 90-day period,” Murphy said.

A vacation rental registration could also be revoked if a city or county lien has been placed on a vacation rental property and the lien remains unpaid and unaddressed.

Murphy planned to meet with City Attorney Becky Vose the following day to get a better understanding of how these amendments would impact the city’s vacation rental enforcement efforts if the legislation is enacted as state law.

With the Senate bill already adopted, and the House bill scheduled for a final vote, Murphy said the city’s best hope may lie with DeSantis vetoing the legislation.

Commissioner Charlie Salem, a former congressional aide, suggested asking the city’s lobbyist to provide the city with a list of DeSantis’ top supporters so the city and its supporters can ask them to encourage the governor to veto the legislation.

Vacation rental bills reach final votes
Anna Maria Commissioner Charlie Salem suggested appealing to Gov. Ron DeSantis’ top supporters. – Joe Hendricks | Sun

“I think the only way we get this vetoed is if the top supporters of his go to him physically and tell him this is a terrible idea,” Salem said.

Potential impacts

The legislation proposed by SB 714 and HB 833 would eliminate or reduce a city’s ability to regulate short-term vacation rental occupancy limits. It would also eliminate or reduce a city’s ability to monitor, enforce and eliminate fraudulent online advertising by advertising platforms such as Airbnb and Vrbo and the city’s ability to annually inspect short-term vacation rentals.

The proposed legislation would also cap the annual registration fee imposed by local governments.

According to SB 714, “Local governments may charge a fee of no more than $150 for processing an individual registration application or $200 for processing a collective registration application for up to a total of 25 individual vacation rentals.”

The city of Anna Maria currently imposes occupancy-based registration fees that range from $336 per year for a vacation rental that allows four occupants, $1,010 for vacation rental that allows 12 occupants and $2,440 for a vacation rental that allows 29 occupants.

During the current fiscal year, Anna Maria’s registration fees are expected to produce approximately $415,000 in annual revenues for the city. Registration revenues are only supposed to be used to enforce the city’s vacation rental ordinance. Those revenues fund code enforcement officers and vehicles, annual inspections, monitoring of online advertising platforms and the administrative and legal costs associated with enforcing the city’s vacation rental ordinance.

Opposition efforts

On Saturday and Sunday, the Home Rule Florida website issued email calls to action to its subscribers. The emails and the website note HB 833 is headed to the House of Representatives for a final vote.

“Nobody wants to live next door to a ‘Party House’ and this bill allows Airbnb, Vrbo and any other vacation rental marketing platform to cram as many people into a house as they see fit! The bill waters down, and in many cases, strips away your local government’s ability to register, inspect, control occupancy or regulate false advertising in the burgeoning vacation rental industry. Please let the House of Representatives know how you feel by sending an email to them. Join your neighbors in opposing this bill,” the email says.

The email letter template posted at the Home Rule Florida website for immediate distribution to the House members echoes those sentiments.

The 2023 legislative session is scheduled to end on Friday, May 5.

Letter to the Editor: Island Shopping Center needs sprucing

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

The appearance and condition of the Island Shopping Center in Holmes Beach does a disservice to the entire AMI community. The cement sidewalks in front of the stores and restaurants are a disgrace. The signage on the businesses is boring, providing minimal value to the attractiveness of the center. The parking areas, particularly adjacent to the cement sidewalks, are full of sand and dirt. I recently witnessed a worker blowing sand, attempting to clean the parking area with an electric blower. How ludicrous is that? It’s like trimming your large shrubs with a pair of scissors.

In contrast, the condition of the shopping plaza on East Bay Boulevard is a testament to cleanliness. The plaza also has landscaping that is meticulously maintained. The cement sidewalk is power washed frequently (I believe weekly) by a professional service. The signage adds a spark to the overall appearance.

Holmes Beach and Manatee County have spent millions upgrading our city center with sidewalks, pavers, palm trees, flowers and lighting. The people responsible for the appearance of the Island Shopping Center should step up to the plate and demonstrate they care about our city.

 

Pat Annese

Holmes Beach

Castles in the Sand

One country, two housing markets

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

The trend has been obvious for a while, east coast versus west coast with COVID-19 accelerating the movement. In fact, the March sales statistics are still showing that home prices are declining the most in the western part of the country.

Since the 1990s, the western part of the country, particularly California and Washington, enjoyed a steady run up of growth because of the technology industry. Now the areas most closely associated with the tech industry have the fastest falling home prices.

The eastern part of the country is still attracting companies, adding jobs and keeping the real estate market thriving. Florida in general, including Orlando, Miami, Tampa and other southern markets, is in the lead. However, even northern east coast areas like Connecticut are attracting families who have decided cities may not be the place to raise a family.

According to Black Knight, a research strategy company, this geographical diversity is very unusual and possibly unprecedented. Housing analysts say they have never seen anything quite like this where the division between east and west is so stark.

The National Association of Realtors reports that home sales fell across the country in March. Existing home sales decreased 2.4% in March from the prior month and 22% from a year earlier. Manatee County’s single-family properties had a 4.4% increase in sales in March compared to the previous year, the first year-over-year increase in sales since February of last year.

The market’s slowdown is starting to affect prices, which have fallen on an annual basis for two consecutive months for the first time in 11 years nationally. The national median existing home price in March was down 0.9% to $375,700. Manatee County’s median single-family home prices were also down by 6.3% to $491,988.

There is no doubt that Manatee County as a whole may be more valuable than the national market, but we are also experiencing longer times to sell and a downturn in values. However, the number of pending properties has gone up in Manatee by 7.9% compared to our surrounding areas. And the month’s supply of inventory continues to increase for both condos and single-family homes by triple digits.

The national housing market is still battling the increase in rising mortgage rates, high home prices and low inventory. In addition, a cooling economy with high inflation and the prospect of recession in the next year is keeping some buyers on the sidelines. Home prices are rising or at least stabilizing in regions where jobs are being added and housing is relatively affordable with the more expensive areas of the country adjusting to lower prices.

I recently read a United States Census Bureau report on Manatee County that will make everyone understand all the traffic we’ve all been complaining about and all the irritating construction. Manatee County has increased its population by 29,420 during the past three years, not including 2023. Since 2010, the population has increased by 106,292 and, as of the end of 2022, is 429,125, over 100,000 people in 12 years. Why do I think this is just the beginning?

Is it possible that we’ve hit the bottom and the only way now is up? Maybe, we can certainly strive for that. It is certain that the market is not as competitive as it was last year and even though inventory is still historically low, it is steadily increasing.

Island Players prepare final play of season

Island Players prepare final play of season

Written by Jason Schaffer on . Posted in Entertainment, Theater.

ANNA MARIA – The Island Players, Manatee County’s oldest community theater, plans to go out with a bang this season.

After directing “The Psychic,” the final play of the 2021-22 season, James Thaggard returns to close out another season with a show he says will bring plenty of laughs involving a unique stage design essential to the plot.

“Our set is two living rooms on one stage simultaneously, with dialogue happening in both, and not always at the same time during the play,” Thaggard said. “At one point we have the characters in both living rooms, but it’s Thursday in one room and Friday in another.”

The story of “How the Other Half Loves” is that of an upper-class couple in an upper-class house and a middle-class couple who live more modestly. Because of an affair, three couples wind up involved in a situation that Thaggard says will leave the audience in stitches. The play was written in 1970 by the prolific Alan Ayckbourn, and while Thaggard stuck to the script, he says sound was very important in this production. No spoilers, but he says audiences may catch some “audio Easter eggs” he personally added due to his fondness for that time in history.

“How the Other Half Loves” runs from Thursday, May 4 through Sunday, May 14, 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. Call 941-778-5755 or visit theislandplayers.org.

Team Gulf Drive Café still undefeated

Team Gulf Drive Café still undefeated

Written by Monica Simpson on . Posted in Soccer, Sports.

ANNA MARIA – Coming into week three of youth recreational soccer play, the Gulf Drive Café team was on top with two wins. Their week three opponents, HSH Designs, earned a win and fought hard for a tie in the past weeks.

Keeping both teams’ goalkeepers busy, the offenses made shots past defenders for two halves of play.

The leadership of Cyrus Ryan in goal helped the Gulf Drive Café squad to their third victory. Listening to the chatter of Ryan, Gulf Drive players shifted and changed field position to keep the HSH team moving and guessing.

Ryan finished the game with six saves. His counterpart, Chase Castagna, fought hard in the net for his team, also closing out the match with six critical stops.

On offense for HSH, Cecelia Kroth made a beautiful goal, scoring her team’s only goal.

Gulf Drive Café selflessly passed the ball, getting the soccer ball to the feet of Theo Aupelle, Luke Dellenger, Josiah MacDonald and Jayden Sparks for goals. Kegan McGalde is credited with an assist in the game.

The scoring power of the 11- to 13-year-old league leader, Gulf Drive Café, was just too much for their week three opponent.

Going into the coming week, the teen league’s Shady Lady Horticultural Services looks for their first win. Last week, the squad came close with a 3-2 loss against the Moss Builders team.

Moss Builders finished the week with a 1-1-1 record.

As the season approaches the playoffs, the oldest youth recreation league championship game is still in reach for all four teams at The Center.

 

 

Sun Scoreboard

April 18

8- TO 10-YEAR-OLD LEAGUE
Week 3

 

 

Westfall’s Lawn Care & Pest Control (1-2-0) 3

Island Real Estate (1-2-0) 1

 

 

Cheesecake Cutie (3-0-0) 3

Sato Real Estate (2-1-0) 1

 

 

Solid Rock Construction (2-1-0) 5

AMI Coconuts (0-3-0) 1

 

 

11- TO 13-YEAR-OLD LEAGUE
Week 3

 

Gulf Drive Café (3-0-0) 4

HSH Designs (1-1-1) 1

 

 

Moss Builders (1-1-1) 3

Shady Lady Horticultural Services (0-3-0) 2

 

 

April 20

Adult Co-Ed Soccer
Week 5

 

Gulfview Windows & Doors (1-3-1) 6

Vintage Beach (1-3-1) 5

 

 

Pool America (2-3-0) 7

Solid Rock Construction (3-2-0) 3

 

 

Duncan Real Estate (3-1-1) 6

Sato Real Estate (2-2-1) 2

 

 

Sandbar Seafood & Spirits (4-1-0) 4

Moss Builders (2-3-0) 1

Opposition to vacation rental legislation continues

Opposition to vacation rental legislation continues

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News.

ANNA MARIA – City officials continue to lead the opposition to proposed state legislation that would curtail local governments’ ability to regulate short-term vacation rentals.

Senate Bill 714 and House Bill 833 seek to preempt the regulation of vacation rentals to the state, specifically to the Florida Department of Business and Professional Regulation (DBPR).

According to the April 15 staff analysis provided to House of Representatives Commerce Committee members, HB 833 would still allow local governments to create local vacation rental registration programs and charge an annual registration fee, but the fees could not exceed $50 to register a single vacation rental home or unit, or $100 to collectively register vacation rental homes or units.

The proposed legislation would make the regulation of online vacation rental advertising platforms such as Airbnb and Vrbo exclusively the state’s responsibility and take enforcement abilities away from local governments.

The staff analysis notes the proposed legislation would not supersede the authority of condominiums, cooperatives or homeowners’ associations to restrict the use of their properties and prohibit short-term vacation rentals.

Legislative actions

On April 12, HB 833 successfully passed through the House Ways & Means Committee by a 13-10 vote. State Rep. Will Robinson Jr. (R-Bradenton) was among the 13 members who voted favorably on the bill.

HB 833 previously successfully reported out of the House’s Regulatory Reform & Economic Development Subcommittee on March 29.

The bill was scheduled to be discussed and potentially voted on by the House’s Commerce Committee on Monday, April 17, the third and final committee stop for the bill before it can be brought to the floor for a final vote by all House members.

SB 714 was scheduled to be discussed and potentially voted on by the Senate’s Appropriations Committee on Agriculture, Environment and General Government Committee on Tuesday, April 18. This is the second of three committee stops scheduled for the Senate bill.

On May 13, SB 714 successfully passed through the Senate’s Regulated Industries Committee by a 5-2 vote.

The proposed legislation dies if it does not successfully pass through three preliminary committees. The 60-day legislative session is scheduled to end on May 5.

Local concerns

Anna Maria Mayor Dan Murphy provided the city commission with an update on the city’s opposition efforts on April 13, noting the issue is the city’s primary legislative focus this year.

Murphy referenced the emails and letters that continue to be sent to state legislators through the city-owned and managed Home Rule Florida website, www.HomeRuleFl.com.

“It’s very impressive the amount of mail that this little city has generated. It didn’t all come out of this city. It comes from across the state because of our website. The lobbyist has assured me our efforts have not gone unnoticed, but we need to keep the pressure on,” Murphy told the commission.

“This thing is sailing through the House and the Senate along party lines. The Democrats are voting no and the Republicans are all voting yes. If it sails through along party lines, which it very well might do, it’ll then go to the governor’s desk for signature. If the governor sees that we already have all these letters, he’s going to think twice before he would sign off on it knowing there’s mass opposition amongst the public,” Murphy said.

Murphy said it’s premature to start lobbying Gov. Ron DeSantis before the proposed legislation reaches his desk.

“The governor’s not going to interfere in the legislative process,” Murphy said. “We need to save our thunder for when and if this thing gets to his desk. That’s when we really need to put a full-court press on.”

Commissioner Charlie Salem asked if the city’s lobbyist has at least informed DeSantis that the proposed vacation rental legislation might be headed his way. Murphy said that’s a good idea.

Murphy implored the city commissioners to urge their constituents to continue sending emails and letters to the Senate and House committee members who will determine whether the proposed bills make it to their respective floors for a final vote.

Murphy said the city’s recent labeling of the proposed legislation as a “party house bill” has gained a lot of traction in Tallahassee.

City Clerk LeAnne Addy and her staff manage the Home Rule Florida website that issues email updates and calls to action to those registered to receive them. The website contains pre-formatted email messages users can use to quickly and easily contact multiple state legislators at one time.

During the April 13 meeting, Addy said HomeRuleFl.com users have sent 30,489 emails to state legislators since the legislative session began in March.

“I’m very impressed by the work LeAnne and the mayor are doing,” Commissioner Jon Crane said. “I’m very impressed with the use of party house branding for this issue.”

“It takes away our right to regulate occupancy and they can jam as many people into a house as they want,” Murphy said in response.

Commissioner Deanie Sebring said most people who vacation in Anna Maria don’t want to stay next to a “party house.”

“If I was going on vacation and renting a house, I wouldn’t want all that madness next to me because it would ruin my vacation,” she said. “If you want to party, don’t rent a place in Anna Maria. Rent it someplace else.”

“It’s a family destination,” Commission Chair Mark Short added.

Gulfview rallies to tie Duncan

Gulfview rallies to tie Duncan

Written by Monica Simpson on . Posted in Soccer, Sports.

ANNA MARIA – With the completion of week three of the adult co-ed soccer spring season, team Gulfview Windows & Doors is still in search of their first win. The team fought back on April 13 against Duncan Real Estate with hard-striking goals by Keith Mahoney to tie the ballgame 5-5 in the last minutes of the match-up.

Duncan Real Estate’s team captain, Kevin Roman, started the scoring in the game early in the first half, kicking in his only goal in the game. Despite the single goal, Roman worked the soccer field both on offense and defense, giving his teammates scoring opportunities.

Javier Rivera scored the second goal for Duncan with a shot ricocheting off the left post. The third goal, shot by Nicholas Cavalluzzi, kept the Duncan Real Estate squad in the lead.

Working the field, Mahoney scored a total of four goals in the game for Gulfview Windows & Doors, with a single by Kris Yavalar.

Rounding out the goal-making for Duncan Real Estate, Murat Akay shot the next goal, taking the score to 4-2. Shooting the fifth goal, Akay gave his team a two-point lead, after a Gulfview goal.

Duncan goalie, Charles “Tuna” McCracken, despite his amazing saves, saw his team’s lead diminish as Mahoney scored the tying goal. Finishing the game with 15 saves, McCracken continues to be one of the toughest goalkeepers in the league.

McCracken’s counterpart, Mark Long, made 17 saves in the game, always keeping the Duncan team in the Thursday night battle.

With the tie, team Duncan Real Estate moves into third place along with Sato Real Estate with a 2-1-1 record. The Vintage Beach team tied the Sato squad with four goals each.

Sandbar Seafood & Spirits holds on to the top spot with a win over Pool America by one goal. Solid Rock Construction shares the top spot with the Sandbar team, earning nine points in the season.

Going into the fifth week of play, Moss Builders has a 2-2-0 record after losing to the Solid Rock team.

More than mid-way through the season, the top position is still up for grabs. All eight teams in the league continue to vie for the championship title.

 

 

Sun Scoreboard

April 11

8- TO 10-YEAR-OLD LEAGUE
Week 2

 

 

Cheesecake Cutie (2-0-0) 3

Island Real Estate (1-1-0) 0

 

 

Solid Rock Construction (1-1-0) 2

Westfall’s Lawn Care & Pest Control (0-2-0) 1

 

 

Sato Real Estate (2-0-0) 5

AMI Coconuts (0-2-0) 0

 

 

11- TO 13-YEAR-OLD LEAGUE
Week 2

 

 

HSH Designs (1-0-1) 4

Shady Lady Horticultural Services (0-2-0) 2

 

 

Gulf Drive Café (2-0-0) 4

Moss Builders (0-1-1) 1

 

April 13

Adult Co-Ed Soccer
Week 4

 

 

Gulfview Windows & Doors (0-3-1) 5

Duncan Real Estate (2-1-1) 5

 

 

Solid Rock Construction (3-1-0) 4

Moss Builders (2-2-0) 3

 

 

Vintage Beach (1-2-1) 4

Sato Real Estate (2-1-1) 4

 

 

Sandbar Seafood & Spirits (3-1-0) 3

Pool America (1-3-0) 2

Mote Marine facility opening May 5

Mote Marine facility opening May 5

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The grand opening and ribbon-cutting ceremony for the Mote Marine education outreach center on the City Pier remains on track for Friday, May 5.

The ceremony will begin at 10 a.m. in City Pier Park, across the street from the pier, and be followed by a ribbon-cutting ceremony at the pier entrance.

During the April 13 city commission meeting, Anna Maria Mayor Dan Murphy said invitations were sent to Anna Maria city commissioners and other city and county officials.

Murphy expects the ceremony to last approximately 45 minutes. After the mayor’s introductory remarks, Mote Marine President and CEO Dr. Michael Crosby will speak. Some of the attending city and county officials may also make brief remarks.

Portions of Pine Avenue, North Bay Boulevard and South Bay Boulevard will be closed during the ceremony.

The grand opening ceremony is open to the public and the Mote Marine education outreach center will open to the public right after the ribbon-cutting ceremony. Featuring live and virtual marine life exhibits, the outreach center will then be open daily at no cost to the public.

At the recommendation of the Manatee County Tourist Development Council, the Manatee County Commission provided $500,000 in county funds for the interior buildout of the city building and the installation of the Mote Marine exhibits. Mote Marine is leasing the city building rent-free but will operate and staff the outreach center at its own expense.

“This has been a long, long, long, long, long time coming. We’re finally here,” Murphy said. “We’re at the cusp of opening it up and I’m really excited. I think it’s going to bring a lot to the city in terms of education. When we pursued this, it was about awareness and education.”

Murphy referenced the commission discussions and public debate that ensued in 2020 and 2021 and pertained to whether the larger of the two city-owned pier buildings should be leased to a full-service restaurant operator or be used for some other purpose. After multiple efforts to secure a restaurant operator fell short, the commission majority decided to pursue the Mote Marine facility instead.

“Do we have hamburgers or do we have knowledge? We opted for knowledge,” Murphy said of that decision-making process.

Commissioner Robert Kingan noted the city actually got both because the smaller pier building is already leased to the operators of the City Pier Grill & Bait Shop.

Kingan said he visited the pier facility the previous day and saw workers installing the backgrounds and displays associated with the live and virtual exhibits.

“I think it’s going to be a resounding success,” Kingan said.

“It’s all about public awareness and knowledge and research. The pier is the jewel of this city and has been for over 100 years. We’re dedicating it to science and research and knowledge about the environment and clean water,” Murphy said.

Commissioner Jon Crane said, “I, for one, am absolutely thrilled.”

“It’s exciting for it to finally be open,” Commissioner Deanie Sebring added.

Castles in the Sand

Contingency clauses

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

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.

Castles in the Sand

Honesty is such a lonely word

Written by Louise Bolger on . Posted in Business, Castles in the Sand.

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.

Vintage Beach begins season with win

Vintage Beach begins season with win

Written by Monica Simpson on . Posted in Soccer, Sports.

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

Sandbar Seafood & Spirits (1-0-0) 12 Gulfview Windows & Doors (0-1-0) 3

Anna Maria officials oppose rental bill

Anna Maria officials oppose rental bill

Written by Joe Hendricks on . Posted in Anna Maria, Community News, Featured.

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.