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Vacation rental bills advancing

Vacation rental bills advancing

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

TALLAHASSEE – The Florida Legislature’s efforts to preempt vacation rental regulation to the state took a significant step forward when the Florida Senate passed Senate Bill 280 on Feb. 1.

After previously passing through two Senate committees, the bill passed the full Senate 27-13.

If enacted as state law, the proposed legislation would further limit the ability of Florida cities, towns and counties to regulate vacation rentals and vacation rental advertising at the local level.

The preemption of vacation rental regulation to the state would impact all three Anna Maria Island cities to varying degrees.

Sen. Jim Boyd (R-Bradenton) and Sen. Joe Gruters (R-Sarasota) were among the 27 senators who supported the bill, originally introduced by Sen. Nick DiCeglie (R-St. Petersburg). Ten Democrats opposed SB 280, joined by three Republicans.

Vacation rental bills advancing
Sen. Nick DiCeglie introduced SB 280. – www.FlSenate.gov | Submitted

Originally introduced by State Rep. Philip Griffitts Jr. (R-St. Petersburg), the House companion bill, HB 1537, successfully passed through the House Regulatory Reform & Economic Development Subcommittee on Feb. 1 by a 10-4 vote. State Rep. Will Robinson Jr. (R-Bradenton) supported the bill.

Vacation rental bills advancing
State Rep. Philip Griffitts Jr. introduced HB 1537. – www.MyFloridaHouse.gov | Submitted

If HB 1537 successfully passes through the Ways & Means Committee and the Commerce Committee, it will then be brought to the House floor for a vote by the entire House before the 60-day legislative session ends on March 8.

In order to become state law, matching Senate and House bills must be adopted by the two governing bodies. If the final versions of the two bills are not identical, the legislation fails. If the identical bills are passed by their respective bodies, the legislation will be sent to Gov. Ron DeSantis to sign into law, to approve without signing or to veto.

As of Feb. 2, the Senate and House bills were not identical matching bills. The Senate-approved version of SB 280 contains two-plus-two occupancy limits not yet included in HB 1537.

The adopted Senate bill states the vacation rental owner or operator must “State and comply with the maximum overnight occupancy of the vacation rental which does not exceed either two persons per bedroom, plus an additional two persons in one common area; or more than two persons per bedroom if there is at least 50 square feet per person, plus an additional two persons in one common area, whichever is greater.”

As of Feb. 2, the House bill simply said the vacation rental owner/operator must “State the maximum occupancy of the vacation rental based on the number of sleeping accommodations for persons staying overnight in the vacation rental.”

Fees and taxes

The Legislature’s efforts to preempt vacation rental regulation to the state are partially driven by a stated desire to better address the collection of vacation rental registration and licensing fees and the collection of taxes levied on transient public lodging entities, including those on the Airbnb and VRBO advertising and rental platforms.

Several Florida counties levy tourist or resort taxes on short-term lodging stays. Manatee County levies a 5% tourist development tax on short-term lodging stays.

SB 280 and HB 1537 address at great length vacation rental advertising/rental platforms and the collection of fees and taxes.

In January, the independent, non-partisan Florida TaxWatch organization published a 16-page report titled, “The Impact of Unlicensed Vacation Rentals on Florida’s Economy.”

“In November 2023, an average day had an estimated minimum of 25,457 unlicensed vacation rentals with available listings, which is 19% of all available listings for that month,” the report says.

The report estimated Florida had an estimated minimum of 49,280 unlicensed vacation rental properties at that time.

“Tax evasion by unlicensed vacation rentals worsens the tax burden on dutiful, taxpaying residents and businesses,” the report says. “The loss of registration costs, required once per year, would be between $1.8 million and $6.9 million. If the unlicensed vacation rentals continued to operate in the years to follow, the state would see a loss of licensing fees between $1.2 million and $5.5 million. Collectively, local communities can lose up to $32,000 in local option transient taxes within a single day. If the unlicensed vacation rentals filed for a homestead exemption in the absence of permanent residency, up to $21.3 million in property taxes could be lost to fraud.”

Anna Maria concerns

During the Jan. 25 Anna Maria City Commission meeting, City Attorney Becky Vose voiced her concerns.

She said the Senate bill would still allow the city to inspect vacation rentals during the initial registration process but would not allow follow-up inspections in future years. She noted the annual inspections help identify violations and non-compliance issues that arise after the initial inspection takes place.

Regarding the city’s annual inspection fees, Vose said, “It would cap the initial application fee at $150 and cap all subsequent renewal fees at $50, which would transfer the bulk of the cost of regulation and registration of vacation rentals to the taxpayers of the city, which is totally unfair.”

Anna Maria imposes an occupancy-based annual registration fee established each year by a city-approved city resolution. The fee is based on the estimated cost of administering, regulating and enforcing the city’s vacation rental ordinance. The fee is $84.17 per allowed occupant, according to the city’s vacation rental ordinance. The fee for the owner of a two-bedroom vacation rental permitted to have two guests per bedroom plus two additional guests is $505. The annual fee for a 12-occupant vacation rental is $1,010 and the annual fee for a 16-occupant vacation rental is $1,346.

Vose also expressed concerns about the state’s ability to enforce the vacation rental regulations as a whole.

Mayor Dan Murphy recently said capping registration fees would significantly impact the city’s ability to regulate vacation rentals. During past discussions, he said the city’s enforcement of online vacation rental advertising is the city’s only means to regulate vacation rental occupancy. The city doesn’t have the authority to enter vacation rentals to count occupants.

Commission Chair Mark Short encourages concerned citizens to visit the Home Rule Florida website, www.HomeRuleFl.com, to express their opinions to state legislators.

New state law impacts local ordinances

New state law impacts local ordinances

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

ANNA MARIA – Gov. Ron DeSantis has signed legislation that makes it more challenging for Florida cities and counties to adopt local ordinances.

On June 29, DeSantis signed into law legislation the Florida Legislature created with the Senate Bill 170 and its matching companion bill, House Bill 1515.

The new law makes it easier to challenge an existing or proposed ordinance, allows for enforcement to be suspended for challenged ordinances, makes it easier for challengers to recoup attorney fees and requires city and county governments to prepare a business impact estimate when proposing a new ordinance.

In anticipation of the new law, City Attorney Becky Vose recently provided Mayor Dan Murphy and the city commission with her five-page legal analysis of the new law.

“SB 170 pertains to the passage and challenging of local municipal and county ordinances. The bill gives additional rights to those challenging local ordinances, imposes conditions on legal challenges to local ordinances and adds to the process for local governments passing ordinances,” Vose wrote.

“The bill provides that a plaintiff may challenge an ordinance on grounds that it is arbitrary and unreasonable. The bill provides that a plaintiff prevailing on these grounds may be awarded up to $50,000 in attorney fees in addition to damages.

“Under SB 170, local governments, under certain circumstances, are required to suspend enforcement of an ordinance subject to legal challenge. The bill will also require courts to give priority to cases in which enforcement is suspended and render a preliminary or final decision as expeditiously as possible.

“The bill changes what is required of local governments before passing ordinances. The most burdensome change is that counties and cities will be required to produce a ‘business impact estimate’ prior to passing an ordinance. The estimate must be published on the local government’s website and include certain information, such as the proposed ordinance’s purpose, estimated economic impact on businesses and compliance costs. These provisions will take effect Oct. 1, 2023, except where otherwise provided,” Vose wrote.

“Section 57.112 allows legal challenges to local ordinances on grounds that they are expressly preempted by state law or conflict with the state constitution. SB 170 expands Section 57.112 to include grounds that an ordinance is arbitrary or unreasonable. In the past, courts have declared ordinances arbitrary or unreasonable when the ordinance has no legitimate governmental interest. The amendment provides that when an ordinance is successfully challenged in court as arbitrary or unreasonable, the court may, but is not required to, award up to $50,000 in attorney’s fees and costs to the prevailing plaintiff. The bill also allows a complainant to recover damages against the local government that enacted the local ordinance,” Vose wrote.

“If signed into law by the governor, these provisions will take effect Oct. 1, 2023, except where otherwise provided,” she noted.

When discussing this legislation on May 8, Vose advised the commission to adopt any new or amended regulatory ordinances they desire before Oct. 1.

Business impact estimates

According to Vose, the business impact estimate must be posted on the county or city’s website. The estimate must include a statement of the public purpose to be served by the proposed ordinance. An estimate of the ordinance’s direct economic impact, including fees, on private businesses is required and the city or county must provide a good faith estimate of the number of businesses likely to be impacted.

A business impact estimate is not required for ordinances required to comply with federal or state laws or regulations, ordinances relating to financial obligations and debt, ordinances relating to budget adoption and amendments, ordinances required to implement a contract or agreement, emergency ordinances, ordinances relating to procurement or ordinances relating to growth policy, municipal planning and land development regulation.

State restricts local land use regulations

State restricts local land use regulations

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

ANNA MARIA – The three city governments on Anna Maria Island are among the Florida cities now temporarily prohibited from adopting comprehensive plan or land development code amendments that are more restrictive or burdensome than their existing land use regulations.

On June 28, Gov. Ron DeSantis signed into new law the committee substitute version of Senate Bill 250 and its matching companion bill, House Bill 7057. The temporary land use regulation restrictions created by the Florida Legislature and placed on local governments are just one component of the state legislation that provides approximately $61 million in state-supervised loans as part of Florida’s continuing recovery efforts from Hurricane Ian and Hurricane Nicole.

In May in anticipation of the new state law, the Anna Maria City Commission discontinued the short-lived pursuit of an ordinance proposed by city staff that would have placed greater local restrictions on multiple non-conforming lots located on a single property. City Attorney Becky Vose advised the commission to withhold any further action on the proposed ordinance until the final fate of SB 250 was known.

She also advised the commission that the proposed ordinance would subject the city to Bert Harris claims filed by some or all of the 37 impacted residential property owners. The Bert J. Harris Jr. Private Property Protection Act provides relief, including financial relief, for property owners aggrieved or inordinately burdened by the actions of a state, county or local government.

The new law created by SB 250 is set forth in section 553.80 of Florida Statutes and says: “A county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before October 1, 2024. Any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation or procedure shall be null and void ab initio. This applies retroactively to September 28, 2022.”

During that May discussion, Vose said she believes Anna Maria is located within 100 miles of where Hurricane Ian made landfall in southwest Florida in September 2022.

“Jurisdictions within that distance on both the east coast and the west coast have to put a pause on changes to their comp plan and land development regulations if they result in something more restrictive or burdensome,” Vose said.

Additional research conducted by Vose and Mayor Dan Murphy confirmed Anna Maria is located within 100 miles of Hurricane Ian’s landfall. Bradenton Beach and Holmes Beach also fall within that 100-mile range.

The new state law still allows comp plan and land development code amendments pursued through a local government but initiated by a private property owner.

Inspection fees

The state law also addresses building inspection fees and says, “local governments located in areas designated in the Federal Emergency Management Agency disaster declarations for Hurricane Ian or Hurricane Nicole may not raise building inspection fees before Oct. 1, 2024. This expires June 30, 2025.”

According to Vose, the inspection fee restriction applies to all Florida cities because FEMA issued disaster declarations in every county in Florida because of Hurricane Ian or Hurricane Nicole.

Temporary shelter

The new state law declares a municipality may not prohibit the placement of one temporary shelter on a residential property for up to 36 months after the date of the declaration if the property’s permanent residential structure was damaged and rendered uninhabitable. The resident must make a good-faith effort to rebuild or renovate the damaged permanent residential structure. Additionally, the temporary shelter is required to be connected to water and electric utilities, must not present a safety threat and the resident must live in the temporary structure.

Anna Maria taking vacation rental owners to court

Anna Maria taking vacation rental owners to court

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

ANNA MARIA – The city plans to file a lawsuit against the owners of a vacation rental home cited for five noise ordinance violations within a nine-month period.

Located at 313 Magnolia Ave., the rental is managed by Vacasa and owned by the Orlando-based Mangoes on Magnolia LLC registered to brothers Mukesh and Raju Patel.

During the May 18 code enforcement hearing at city hall, Special Magistrate Jerry Buhr declared the rental to be a public nuisance. Buhr’s declaration will be the basis of the lawsuit that City Attorney Becky Vose will soon file with the 12th Judicial Circuit Court in Manatee County. Vose plans to file the suit after the city receives the court reporter’s verbatim transcript of the special magistrate hearing at which Code Enforcement Manager Sandy Olson presented the city’s case.

“The injunctive relief that I recommend we go after in this particular case is a suspension of the owner’s right to use that property as a vacation rental for one year.” – Anna Maria Mayor Dan Murphy

Olson’s May 18 presentation included testimony from two Manatee County Sheriff’s Office deputies, the deputies’ body camera footage and testimony from two neighboring property owners. According to Olson, noise violation citations carrying $35 fines were issued to five different rental guests between June 5, 2021 and March 16 of this year.

The special magistrate hearing and the pending lawsuit were discussed at the May 26 city commission meeting, with the commission voting 4-0 in favor of filing the lawsuit.

“It was very well-handled by Sandy,” Vose told the commission. “She prosecuted the case and was successful. There were five separate noise violations in a period of nine months, and the noise violations were just horrendous. We had the body camera videos that were shown to the special magistrate and the people who lived on either side of this residence testified as to how it affected their lives. The noise violations were typically at 2 o’clock in the morning and the body camera audio shows how loud it was.

“The special magistrate made a ruling in accordance with our code provision that the property was a public nuisance,” she continued. “Special magistrates in Florida don’t have jurisdiction to do anything but declare them a public nuisance. They don’t have the right to give injunctive relief. Our code does allow us to file suit in circuit court to ask the court to declare the public nuisance and give us injunctive relief to stop it going forward,” Vose said.

Mayor Dan Murphy detailed the injunctive relief sought.

“The injunctive relief that I recommend we go after in this particular case is a suspension of the owner’s right to use that property as a vacation rental for one year. I feel very strongly that a one-year suspension should get the message across that this type of behavior in our city is not allowed. This is a residential community and this man has totally disrupted the lives of the people on either side with complete disregard. He lives out of town. This is simply an investment property. I’m not trying to take away his livelihood, but this can’t go on. I think we need to take a strong stand against this noise complaint and against this property. And if there’s others out there, we need to go after them as well,” Murphy said.

“This is the worst actor in the city. Five complaints in nine months. This is what was going on at three o’clock in the morning at this house,” Murphy said before showing the commission one of the body camera videos shown to the special magistrate.

“I think our sheriff’s deputies did a great job. It’s not a job I would want. I applaud our deputies for how they handled these noise violations,” Murphy said.

Commissioner Robert Kingan asked Vose about the likelihood of the city winning this case in court.

“You can never make a guarantee about litigation. We’re going to give it our best,” Vose replied.

Vose said she was aware of a case in Bradenton in which a nightclub was declared a public nuisance for repeat noise violations, but she’s not aware of any cases similar to Anna Maria’s planned lawsuit seeking injunctive relief from a problematic vacation rental home.

“Hopefully, we’ll be successful and we’ll get some relief for the people in the neighborhood,” Vose said.

“Even if we don’t get exactly what we want, which would be a one-year suspension, we might get less than that, but I think we’d still win and make a point,” Commission Chair Carol Carter said.

“It needs to be shown that the city is serious about this,” Vose added.

“People have to know that we’re prosecuting these guys and that anyone else who does the same will be prosecuted,” Commissioner Jon Crane said.

Anna Maria taking vacation rental owners to court
City Attorney Becky Vose and Code Enforcement Manager Sandy Olson play key roles in the enforcement of the city’s noise ordinance. – Joe Hendricks | Sun

Murphy said he has complete confidence that Vose, Olson and the sheriff’s deputies will continue to do a good job in enforcing the city’s noise ordinance.

“You can’t get them all, but we can’t let this turn into Key West,” Murphy said.

Related coverage

 

Noisy vacation rental home declared public nuisance

2021 vacation rental registration fees set

2021 vacation rental registration fees set

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

ANNA MARIA – Vacation rental owners in Anna Maria will be charged $58.52 per occupant allowed when paying their 2021 vacation rental registration fees.

The 2021 registration fees were established on Jan. 28 with the city commission’s adoption of Resolution 21-767. When presenting the resolution, City Attorney Becky Vose said the annual registration fees are based on how much it cost the city to regulate vacation rentals. She noted each fee is based on the occupancy allowed at that specific vacation rental.

“A vacation rental that has a small occupancy pays a whole lot less than some vacation rental that has a very large occupancy,” Vose said.

Mayor Dan Murphy has stated in past years that the registration fees are intended to be a break-even revenue source to cover the city’s costs and are not intended to be a profit generator for the city.

After noting the 2021 fee will be $58.52 per occupant allowed, Murphy said the lowest registration fee will be the $234.08 paid by the owner of a one-bedroom vacation rental that allows two guests in the bedroom and two additional guests. The registration fee for a six-occupant vacation rental home or unit in Anna Maria was $309 in 2020 and will be $351 in 2021, he added.

According to the fee chart included in the meeting packet, the owner of a 10-occupant vacation rental will pay a $585.20 registration fee. The owner of an 18-occupant vacation rental will pay $1,053.36. The highest fee listed is $1,697.08 for a 29-occupant vacation rental.

Murphy said the annual registration fees are developed based on the city’s vacation rental-related administrative costs, enforcement costs, legal costs, lobbyist costs and other costs associated with vacation rental regulation.

Those total costs are then divided by the total number of vacation rental occupancies allowed in Anna Maria. According to Murphy, there are about 630 vacation rental units in Anna Maria.

This year’s fee increase reflects the city’s increased legal costs, labor costs, administrative costs, and lobbying costs, he said.

He also said, “We’re doing some new things in the enforcement of the ordinance – the way that we’re tracking vacation rentals that fly under the radar. We’ve become a little bit more sophisticated in how we’re analyzing that data so that we can find people that are ignoring the ordinance.”

City seeks legal opinion from attorney general

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

ANNA MARIA – The Anna Maria City Commission seeks an opinion from the Florida Attorney General’s office as to whether the same company can serve as project engineer and project inspector on the same construction project.

On Thursday, Oct. 8, the city commission unanimously authorized City Attorney Becky Vose to seek the opinion by passing City Resolution R20-765.

“What brought this up was the city has had a company where they have common owners of the company, but one is an inspection company and one is a design company and they’re inspecting their own work, basically,” Vose told the commission.

“To make it even more dramatic, they have the same name – except one’s the inspection company and one’s the engineering company. They have the same domain name on their email and they have the same physical address for their company. It’s the same company,” Vose said.

In reference to existing state law, Vose said, “The statute would appear to allow them to do this, which is an absurd result I believe, and I’m asking the attorney general to opine on this. If in fact the attorney general opines that no, they can do it, then I would suggest that we ask our lobbyist to get somebody to sponsor a bill to clear this up so it can’t happen, because this is a big concern for safety purposes. You’ve got to inspect buildings while they’re being constructed and they should not be inspected by the same people who designed them.”

Vose said she and the mayor are not allowed to seek such an opinion from the attorney general’s office, but the city commission can.

The packet for last Thursday’s commission meeting included a copy of the memo Vose will send to Florida Attorney General Ashley Moody.

“Does Section 553.791(2)(a), Florida Statutes, allow a person employed by a company that provides private provider building code inspections to provide the building code inspection services for a building being constructed that was designed by a different person at a different engineering company, if both the engineering company and the inspection company have the same licensed professional engineer as their respective qualifying agents?” Vose’s memo asks.

Regarding the facts and circumstances pertinent to this specific matter, Vose’s memo says, “The plans for two homes that were signed and sealed by Jeff Vogel of Apex Consulting Engineers were submitted to the city of Anna Maria for review. The private provider inspection services for the construction were to be performed by Jeff Vogel of Apex Inspection Group. The addresses and the Internet domain name for Apex Consulting Engineers and Apex Inspection Group are identical. In addition, Jeffrey Vogel is the qualifying agent for both Apex Consulting Engineers and for Apex Inspection Group.

“When Mr. Vogel was told that he could not inspect the construction of a building the plans for which had been signed and sealed by him, the same plans were resubmitted with Derek

Newcomers of Apex Consulting Engineers signing and sealing the plans. There were issues during the construction of the two homes when footers were discovered by the city to be two feet shallower than called for by the original plans. The designer – Derek Newcomers of Apex Consulting Engineers – then created a revised detail for the depth of the footers as built, but with no justification for the change,” Vose’s memo says.

“The revised detail was not approved by the city due to lack of justification for the change and concern for the efficacy of the revised footer depth. Concrete for the footers was poured at the shallower depth, and the private provider inspector – Jeff Vogel of Apex Inspection Group –passed the inspection of the poured footers even though the footers were not in conformance with the approved plans,” the memo says.

Vose’s memo does not specify the location or addresses of the two homes in question, nor was that information provided during Thursday’s meeting.

“It is obvious the legislature desired to prevent a professional engineer or architect from inspecting his or her own work or the work of someone else in his or her firm as a private provider. That intent certainly makes sense since the inspections of plans and construction is crucial to protect the safety and welfare of the public,” Vose’s memo says. “However, a literal interpretation of the statute would appear to allow a professional engineer or architect to form two related firms, one that did design work, and the other that did inspection services and effectively subvert the intent of the statute.”

Mayor Dan Murphy said, “We’re asking if it’s legal or not? It’s the concept we’re asking about, not the particular company. If we don’t do this, we’re going to continue to have the issue. If we get an unfavorable ruling, we’re right back where we are today. There’s nothing to lose here, there’s only something to gain to ensure that we’re having a quality project done in the field of construction.”

Vose said, “If in fact the attorney general says you obviously can’t do that stuff then that’s enough for us to hang our hat on. We don’t have to accept them as inspector.”

Commissioner Mark Short asked Vose if the city has the ability to have its own ordinance with respect to conflicts of interest addressing a situation like this.
“That would be wonderful except that subject is preempted to the state,” Vose responded.

Governor’s essential services order now in effect

Governor’s essential services order in effect

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

ANNA MARIA ISLAND – The executive order that Gov. Ron DeSantis issued Wednesday pertaining to essential businesses and services is now in effect.

“All persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities,” according to Executive Order (EO) 20-91.

Issued in response to the coronavirus (COVID-19) pandemic, the governor’s emergency order took effect at 12:01 a.m. on Friday and will remain in effect until April 30, unless canceled or extended by the governor.

Governor’s essential services order now in effect
Gov. Ron DeSantis issued his essential services order on Wednesday. – www.myflgov.com

The governor’s order left city and county governments with approximately 36 hours to interpret the order and figure out how to comply with it and enforce it.

Section 2 of the governor’s order includes the header “Safer at Home” and sets forth which businesses are essential and allowed to remain open and which businesses are non-essential and must remain closed while the order remains in effect.

“Essential services means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce and any subsequent lists published,” according to EO 20-91.

The Department of Homeland Security guidance can be found at the agency’s website.

“Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami-Dade County in multiple orders,” EO 20-91 says.

Miami-Dade County’s list of essential and non-essential businesses can be viewed at the county website.

The directives issued by Miami-Dade County Mayor Carlos Gimenez took effect in Miami-Dade County on Thursday, March 19.

According to Bradenton Beach Mayor John Chappie and Lt. John Cosby of the Bradenton Beach Police Department, the city of Bradenton Beach will use the Miami-Dade County order as its essential/non-essential guidelines. Cosby is the city’s emergency operations manager.

Section 3 of EO 20-91 includes the header “Essential Activities” and says, “For purposes of this order and the conduct it limits, ‘essential activities’ means and encompasses the following:

  • Attending religious services conducted in churches, synagogues and houses of worship;
  • Participating in recreational activities – consistent with social distancing guidelines – such as walking, biking, hiking, fishing, hunting, running or swimming:
  • Taking care of pets;
  • Caring for or otherwise assisting a loved one or friend.”

EO 20-91 says, “A social gathering in a public space is not an essential activity. Local jurisdictions shall ensure that groups of people greater than 10 are not permitted to congregate in any public space.”

It also says, “Other essential activities may be added to this list.”

Bradenton Beach compliance

On Thursday afternoon, Chappie and Cosby discussed Bradenton Beach’s plans to comply with EO 20-91.

“Bradenton Beach is showing a united front with Manatee County, with one set of rules for all. Bradenton Beach is using the Miami-Dade County guidelines set forth in the governor’s order,” Chappie said.

Governor’s essential services order now in effect
Mayor John Chappie also plays a key role in Bradenton Beach’s emergency management operations. – Joe Hendricks | Sun

“According to our discussion yesterday, we are using the Miami-Dade County order. It’s a lot clearer than the federal list,” Cosby said.

Cosby was referring to the discussions that took place at Wednesday’s emergency management policy meeting. City and county officials now engage in these policy meetings regularly, sometimes daily, via conference call.

What’s in a name?

Chappie and Cosby were asked if they considered Executive Order 20-91 to be a lockdown order, as some media reports have reported.

“No, not even close,” Cosby said.

“No,” Chappie added.

They also said they didn’t consider EO 20-91 to be a stay-at-home order.

When asked how they refer to the order, Cosby and Chappie both said, “Governor’s Executive Order 20-91.”

Non-essential and essential businesses

According to the Miami-Dade County order, businesses that must close include arts and craft supply stores: barbers, beauty salons and nail studios; bookstores; casinos; clothing boutiques; indoor amusement parks, driving ranges; jewelry stores; malls; music supply stores; pawn shops; social clubs, tennis clubs and golf courses; fishing charters; souvenir stores; spas; sporting goods stores; tutoring centers; music classes; toy stores and children’s stores.

“All medical facilities, doctors’ offices, and airlines will remain open,” the Miami-Dade order says.

Businesses that can remain open according to the Miami-Dade County order include architectural, engineering and landscape services; assisted living facilities, nursing homes, adult day care centers and senior residential facilities; banks; businesses that interact with customers solely through electronic or telephonic means; business operating at any airport, seaport or other government facility; childcare facilities limited to a maximum of 10 children and teachers in any one group; construction sites currently in operation, regardless of building type; convenience stores; factories, manufacturing facilities, bottling plants and other industrial sites; food cultivation, including farming, livestock and fishing; gas stations; grocery stores; hardware stores; home-based care for seniors, adults or children; landscaping and pool services; laundromats; logistics providers; mail and shipping services; natural and propane gas providers; newspapers, TV, radio and media services; pet supply stores; pharmacies; professional services, such as legal and accounting services; restaurant kitchens – for pick-up and delivery only; services providing food, shelter, social services and other necessities for the economically disadvantaged; taxis and private transportation providers; telecommunications providers and waste management service, including collection and disposal.

“Today and tomorrow, I’ll be going around to the businesses that don’t meet the criteria and letting them know that they don’t meet the criteria. In Bradenton Beach, most of those businesses have already closed,” Cosby said.

“The businesses that are not compliant will be given a verbal warning. They’ll be educated that they are not an essential business, and if need be will be provided with a copy of the governor’s order. The second offense will be a summons to appear, which will include a citation. The third offense will be a physical arrest, and so would any violation after three offenses,” Cosby said.

Beach closures?

Chappie and Cosby were asked if EO 20-91 impacts the public beaches in Bradenton Beach that were ‘closed’ by the county’s emergency order on March 20. The county order resulted in the public parking lots at Coquina Beach, Cortez Beach and Manatee Beach being closed, but the Island’s law enforcement officials still allow groups of 10 or less on the beach – and those groups must maintain a six-foot distance from others.

“The county order stands as it is,” Chappie said. “We’re having good compliance with the order. Our police department is continually monitoring the situation out on the beaches. We really have had no problems whatsoever,” Chappie said.

Construction sites

“Our building department has some protocols they’re following too with regards to building permits, inspections and things like that – and that will be posted online at the city website,” Chappie said.

“Anything that has to do with construction is still considered essential. They have to have less than 10 people on-site and they have to maintain the six-foot distance,” Cosby said.

Vacation rentals

Cosby believes DeSantis will extend EO 20-87 – the order he issued on March 27 that prohibits new vacation rental guests from checking in until the order expires after 14 days.

“With the governor enacting this order (20-91) and extended this order to the end of the month, I’m feeling pretty confident he’s going to extend that order (20-87) also. One without the other doesn’t make a lot of sense,” Cosby said.

Cosby said businesses that rent golf carts, scooters, bicycles and other mobility devices are not considered essential.

“There’s nothing there that allows that,” he said.

Regarding incoming flights that bring more people to the Island, Cosby said, “The airlines are not doing flights from certain areas. We heard from the airport today. For March traffic, they were at 5%.”

Cosby said the Bridge Street Pier remains open, but social distancing requirements must be followed.

Anna Maria’s response

On Thursday, Anna Maria City Attorney Becky Vose provided her responses to questions also posed to Chappie and Cosby.

As to whether she considers EO 20-91 a lockdown order, a stay at home order or a safer at home order, Vose said, “I am not aware of any legal definition of any of those terms. The order does what it says it does – nothing more, nothing less. We are referring to the order as EO 20-91.”

Governor’s essential services order now in effect
The city of Anna Maria also has a plan to comply with Executive Order 20-91. – Joe Hendricks | Sun

Vose said the order’s impact on the city of Anna Maria’s beaches was “to be determined.”

Regarding essential and non-essential businesses and services, Vose said, “Although not crystal clear, E.O. 20-91 provides guidance as to which businesses are non-essential. Enforcement is to be determined.”

Vose said the city of Anna Maria would use the Department of Homeland Security’s guidance and the Miami-Dade County order to determine essential and non-essential businesses and services.

Vose shared Cosby’s belief that DeSantis would likely extend the vacation rental check-in prohibitions contained in EO 20-87 to coincide with the April 30 expiration date of E.O. 20-91.