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Tag: Commissioner Tal Siddique

Manatee County joining SB 180 legal challenge

Manatee County joining SB 180 legal challenge

MANATEE COUNTY – Manatee County is joining a soon to be filed lawsuit that will challenge the new state law created by the Florida Legislature and Gov. Ron DeSantis’s adoption and enactment of Senate Bill 180 earlier this year.

On Sept. 2, county commission­ers voted 6-1 in fav or of joining legal challenge at an initial cost of $10,000, which additional costs anticipated if a judge’s order is issued and then appealed.

Originally intended to prevent city and county governments from making it more difficult for property owners to repair, rehabilitate and rebuild their hurricane-damaged structures, the far-reaching state law prohibits city and county governments from adopt­ing land use regulations that are more restrictive or cumbersome than those that existed on Aug. 1, 2024.

The new law’s potential implica­tions recently caused county commissioners to delay voting on returning the county’s wetland setback requirements to the more stringent requirements that were in place before the previous county commission weakened them in a manner more favorable to developers.

A memo included in the Sept. 2 county commission meeting packet says, “SB180 is overbroad and over­reaching. It has been used by develop­ers to put a choke hold on Manatee County and on home rule. Manatee County looks to challenge SB180 in the court of law in order to remove the section that prevents Manatee County from taking necessary steps to mitigate flooding and damage. The section should only apply to property damaged in an emergency caused by the emergency.”

When providing public input before the commissioners discussed joining the lawsuit, county resident Dalton Nelson said the new law undermines home rule authority and strips local gov ernments of the flexibility needed to respond to overdevelopment, flooding, infra­structure planning, environmental protections and other challenges.

“To the make matters worse, Mr. DeSantis has gone so far as to threaten removing commissioners who do not fall in line with these laws. That is not democracy. That is intimidation. When commissioners govern out of fear of removal instead of in the best interests of the residents the entire system of local government is weakened,” Nelson said.

County resident Anthony Shulo said the new law fails to make distinctions between disaster recovery and future land use decisions, which he said are two very different scenarios: “Without official clarification, the door is already open misapplication and misinterpretation – something that should concern every resident of this county.”

County resident Glen Gibellina noted every state legislator in the Manatee County Legislative Delega­tion voted in favor of the new law, including Sen. Jim Boyd and state representatives Will Robinson Jr. and Bill Conerly.

District 3 commissioner Tal Siddique doesn’t oppose all the provisions set forth in SB 180 but he said it contains some “bad language” and some developers are already actively looking to litigate in court the definitions of “more restrictive” and “burdensome.”

“That’s operating in bad faith,” Siddique said.

“This notion that we’re restricting homeowners from rebuilding is just ridiculous. It’s false. I welcome us joining this lawsuit. I think it’s the only way to make our voices heard,” Siddique said. “I’ve yet to receive one call from any builder about how we can make it easier to let property owners rebuild their homes – and I represent the most hurricane-damaged part of the county (Anna Maria Island).”

Commissioner Carol Ann Felts said, “It’s not easy to convince someone that they’ve made a mistake by hitting them over the head. This is just part of the American way. We have a law that is made, we abide by that law and then we legally find ways to change that law if they don’t work or us. This is how our democratic republic works. I don’t want the lawsuit being seen as antagonistic. It’s just not a good law.”

Mike Rahn was the only commissioner who opposed joining the lawsuit at this time.

“Why do we need to join now?” he said. “We took a breather on moving forward with the wetland rollback and repealing (land use policy) 2.1.2.8. We’re poking a pretty big bear here. We’ve already felt appropriations get withdrawn or vetoed.”

Rahn said the lawsuit could take 3-4 years to resolve and he prefers to instead work with state legislature in hopes of amending the law during the state legislators’ 2026 legislative session.

“I’d rather build consensus with other counties and say this is what we want, rather than slapping a lawsuit on the state of Florida. There will be retribution, I’m telling you. We’re feeling it now over 2.1.2.8. and the wetlands,” he said.

Related coverage:
Holmes Beach officials discuss SB 180

 

County staff inspects Annie's Bait and Tackle

County staff inspects Annie’s Bait and Tackle

CORTEZ – Just one day after the Manatee County Board of Commissioners’ Jan. 28 vote to direct staff to explore ways to bring the hurricane-damaged Annie’s Bait and Tackle up to code, a contingent of county staff met Commissioner Tal Siddique to inspect the building.

Annie’s is part of the Seafood Shack parcel that the county recently purchased to create a public boating facility.

“Commissioner Bearden made a motion, within 30 days to present all options for a feasible rebuild to keep Annie’s here was the directive,” Siddique said. “We’re doing our due diligence.”

The inspections will be repeated six more times. In accordance with Sunshine Law, each commissioner will meet with county staff and tour the building separately.

“We’re here to tour the facility,” Siddique said. “We have our natural resources, our building official, our county administrator, all of our county leadership here, plus me as district commissioner. The fire marshal will be out here.”

Siddique said he met with Annie’s co-owner Bruce Shearer during the inspection.

“I feel for him. Just looking at these reports, looking at what the experts are telling me, the building officials and more, this isn’t just a matter of replacing some two-by-fours,” he said.

Shearer has said he would be able to repair the building at a cost of around $5,000 and is hoping to be allowed to do so.

“We have a responsibility to make sure we’re protecting the neighboring communities and we’re upholding all the progress we made in the Community Rating System and we’re not putting that at risk,” Siddique said. “This has to be FEMA compliant. If we break the law, everybody in Manatee County loses their flood insurance.”

He said Annie’s will not be fenced off, allowing Shearer to access the building.

“I ran on preserving our small town feel here and I’m trying to do what we can to keep Annie’s here, but these old school style of buildings, we know they’re not going to last with the way these hurricanes are going,” Siddique said.

Siddique said the dock repairs would require an emergency Army Corps of Engineers permit.

“I don’t want to pre-suppose the board,” Siddique said. “I think what you’re going to see is county come forward with all the pros and cons the proffers we’re making to Bruce (Shearer).”