TALLAHASSEE – With unanimous approval from 116 Florida state representatives, a local bill to build a parking garage at Manatee Beach in Holmes Beach has moved to the Florida Senate for consideration. The Senate is the final stop for the bill before going to Gov. Ron DeSantis’s desk for final approval or veto.
The bill, presented by Manatee County Rep. Will Robinson Jr., sped through three House committees before going to the floor for a vote on April 27, despite opposition from local elected officials and residents. After passing the House, it has now been referred to the Senate rules committee for consideration.
The bill, which received unanimous support from the Manatee County legislative delegation when it was first proposed in January, has been a controversial topic on Anna Maria Island. If it becomes law, it will allow Manatee County officials to construct a three-story parking garage at Manatee Beach without seeking approval or permits from Holmes Beach officials, where the beach is located. It also would supersede the city’s land development code and building ordinances, which do not allow parking garages without a special exception. Capping the structure at three stories does maintain the city’s current height limitations.
The parking garage is a pet project of Manatee County Commission Chair Kevin Van Ostenbridge and came as a result of tension between county and city elected officials stemming from streetside parking reductions in Holmes Beach.
To help protect the quality of life of city residents, Holmes Beach leaders enacted a long-planned residential permit parking-only zone on residential streets near beach accesses, with some streets closed to parking entirely due to the narrowness of the lanes. City leaders also recently adopted a four tires off the pavement parking rule to come in line with the parking regulations in Bradenton Beach and Anna Maria. These actions reduced available public parking by about 400 spaces with another 600 available until 5 p.m. daily for city residents only. Van Ostenbridge said the parking changes were a disservice to Manatee County residents and beachgoers.
The plan outlined by Van Ostenbridge would remove the 400-plus spaces currently available at the public beach along with the existing facilities including retail, restrooms and concessions, replacing them with a three-story garage with an estimated 1,500-1,700 parking spaces, new retail and concession areas and new restroom facilities.
The garage is estimated to cost around $45 million to build with construction taking at least two years to complete during which parking would not be available at the site.
To fund the ongoing maintenance of the garage, Van Ostenbridge said the parking spaces provided at the public beach would be paid parking. He estimated a fee of $2 per hour per vehicle. Titsworth said if that happens, the city will likely have to make street and public parking paid as well to avoid those areas being overrun by drivers looking for a free parking space.
In a final effort to get Robinson to pull the bill from consideration prior to the House floor vote, Holmes Beach Mayor Judy Titsworth said she tried contacting him and sent him statistics showing parking remained available during spring break, along with a proposal to designate 220 parking spaces for Manatee County residents only. She said Robinson declined to consider any additional arguments or proposals until after the current legislative session ends.
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.
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.
How did we come to the point where some want to further destroy what used to be one of the most beautiful locations in Florida? Here is my view: Officials on Anna Maria Island responding to complaints by residents, taxpayers and voters complaining about not being able to park in front of their homes, dealing with trash, feces, urine, loud voices and general interference with what they thought was their right to peaceful existence where some have lived for 25 or 50 years. Some of these issues are driven by youthful exuberance and the use of alcohol by adults, and, in many cases, minors. When was the last time a beachgoer was cited for having alcohol on the beach? If one wanted evidence of alcohol use on the beach, simply stand outside Publix, Walgreens, and other establishments on the island selling alcoholic beverages. I get it… it is nice to have a drink on the beach, but this is not Fort Lauderdale; this is not Miami Beach. This is Anna Maria Island where one can relax and enjoy the natural surroundings of an island paradise in peace.
So after the town initiated some parking rules, some of the county’s children, sorry commissioners, demanded that parking restrictions be rescinded, and, if not, there would be consequences/repercussions. These commissioners should recognize vacationers do not vote – taxpayers/residents do. There is such a well of disappointment, anger and resolve towards these commissioners with bruised egos that there will be organized efforts to change the composition of the county commission, which I expect will be well-funded. It is also possible that because the $11 million boondoggle at the Kingfish Boat Ramp expansion was defeated, some commissioners did not get their way and they could not spend the $11 million of taxpayer’s money. So, let us spend $42 million to build the three-story monstrosity, close the café for two years, and force beachgoers to pay for parking with the end result of increasing traffic and further degrading the atmosphere of the entire island.
It was pointed out to state representatives and others that there is plenty of parking on the island, there could be accommodation offered by various organizations and the town could offer parking to county residents. It seems some commissioners want to show Anna Maria Island who is the boss.
We applaud our Holmes Beach mayor and commissioners and their fellow civic leaders in Anna Maria and Bradenton Beach for defending longstanding, reasonable local “home rule,” certainly a tradition one would not expect to have attacked by Republican legislators like Rep. Robinson and Sen. Boyd.
But then who would expect that elected officials across the bridge in Bradenton would have such evident disregard and disrespect for the special “old Florida” vibe of Anna Maria Island? An expensive, intrusive parking garage? Really? On an island that, except for the high-rise condos on 53rd Street, has a unique character compared to Longboat Key and other beachfront communities?
Extensive, appealing, public beach access (with ample parking) is regularly underused at picturesque Coquina Beach. As several residents have wisely observed and our police chief’s recent survey of ample available parking spaces proved, we have “a traffic problem, not a parking problem.”
Yet the facts are unimportant. It’s all about political muscle and optics! As the mayor’s recent reasonable compromise proposal suggests, this is a political battle we are in danger of losing. One hopes that this very workable compromise did not come too late.
Holmes Beach has perhaps appeared to be insufficiently attentive to concerns raised about parking for daytime visitors. And to be fair, the tightening of parking regulations and removal of formerly available spaces pose an inconvenience for long-time homeowners like us – part-time or full-time residents for almost 25 years. Two wide, beach-block streets (67th and 77th streets) now suddenly forbid parking on both sides, though vehicles and pedestrians would still have ample, safe passage. The latter change is especially regrettable for those of us aged and/or requiring shelter from the sun, as 77th has a welcome beachfront shelter but few parking spaces remaining (even though golf carts have additional protected spaces).
Let’s hope that our state’s legislative representatives engage in genuine dialogue with local leaders, so we have a plan that responds appropriately to the need for parking for non-residents. But essential is a plan that recognizes and respects the primary responsibility of the Island’s elected officials to protect the quality of life for homeowners as well as visitors and the special character of Anna Maria Island.
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.
On behalf of the Kiwanis Club of Anna Maria Island, we would like to thank our churches who took part in our 58th Annual Easter Sunrise Service. The attendance was fantastic and the weather didn’t disappoint.
Thank you to the AMI Beach Café for the location, Chuck Caudill for providing the sound system, Morgan Bryant for her lovely voice, the City of Holmes Beach, the Holmes Beach Police Department for helping with the parking and the Anna Maria Island Sun newspaper for their coverage.
Another “thank you” goes to Casey Hoffman of Real Island TV, who, for the first time, live-streamed our service, which you can watch on YouTube.
We had our members and their families helping to make Easter special for everyone.
Lastly, a huge “thank you” to the Anna Maria Island Chamber of Commerce, which awarded
our club a Trolley Grant to help defray expenses. With this and the generosity of those who attended, we will be able to share the net proceeds with the churches and our scholarship fund.
We look forward to seeing everyone next year for our 59th Easter Sunrise Service.
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.
TALLAHASSEE – Two bills currently working their way through the Florida Legislature could significantly impact condominium associations and condominium owners on Anna Maria Island and throughout the state.
Working in unison, Senate Bill 154 and House Bill 1395 seek to clarify and expand the condominium-related legislation the Legislature adopted during a special session last year as Senate Bill 4-D.
The House of Representatives’ staff analysis for HB 1395 also addresses the origins of SB 4-D: “On June 24, 2021, Champlain Towers South, a 12-story beachfront condominium building in the town of Surfside, partially collapsed resulting in the death of 98 people. In response, during Special Session, 2022D, SB 4-D was enacted to provide building safety inspection requirements (milestone inspections) and reserve requirements (structural integrity reserve study) for condominium and cooperative association buildings.”
As of Monday morning, SB 154 and HB 1395 proposed mandatory inspection timelines for condo buildings that are at least three stories tall and 30 years old or older, with additional inspections required every 10 years after that. According to the staff analysis of HB 1395, there are currently more than 2 million Floridians occupying condo buildings that are 30 years old or older.
The three-story Bridgeport condominiums in Bradenton Beach could be impacted by the proposed regulations. – Joe Hendricks | Sun
According to SB 154, “If a building reaches 30 years of age before December 31, 2024, the building’s initial milestone inspection must be performed before December 31, 2024.”
The new legislation would delete from last year’s legislation the 25-year milestone inspection requirement for buildings located within three miles of the coastline. Regardless of coastline proximity, all qualifying condo buildings would be subjected to the 30-year inspection requirements.
The term “milestone inspection” refers to a structural inspection of a condo building and its load-bearing elements, walls and primary structural systems. To be conducted by a licensed architect or engineer, the milestone inspection is to determine the general structural condition of the building as it pertains to safety and to identify any maintenance, repair or replacement needed for those structural components.
The proposed legislation would also require impacted condo associations and condo owners to create and set aside reserve funds for structural inspection studies and for any needed structural repairs or maintenance activities which would include roof replacements and exterior painting. Condominium owners are currently allowed to waive state-imposed reserve requirements.
Clarification pending
As of Monday morning, the proposed legislation would likely impact the most common form of condo buildings on Anna Maria Island: those with ground-level parking areas and two elevated, habitable living levels above the parking.
Further and final clarification is still being sought as to whether ground-level parking will be counted as a story when determining how many stories a condo building has. If ground-level parking is counted as a story, the impact on Anna Maria Island would be significant. If not, the impact would likely be limited to the seven-story condo buildings at the Martinique condo complex in Holmes Beach.
Height limit restrictions imposed by all three Island cities now prohibit the construction of any buildings more than three stories tall and ground-level parking counts as a story. Bradenton Beach Building Official Steve Gilbert said he’s not aware of any three-story condo buildings on the Island that feature ground-level living units rather than ground-level parking.
On these issues, St. Petersburg-based lobbyist Travis Moore is representing the Florida Legislative Alliance which is part of the national Community Associations Institute. Cortez condo resident and former Bradenton Beach condo resident Connie Morrow is the delegate for the Florida Legislative Alliance and her focus is on condominium-related issues.
On Monday morning, Moore and Morrow were among those who participated in a Zoom meeting with State Rep. Vicki L. Lopez (R-Miami/Dade), the original sponsor of HB 1395. Monday’s discussion addressed the possibility of amending the proposed legislation in a manner that would not impact three-story condo buildings with ground-level parking and two upper living levels. According to Morrow, Lopez was at least open to the idea, but Moore said he doesn’t expect that change to happen.
When contacted late Monday morning, Moore said, “If you have three stories, including ground-level parking, this will affect you.”
The three-story La Costa condominiums in Bradenton Beach could be impacted by the proposed legislation. – Joe Hendricks | Sun
One- and two-story condos would not be affected by the proposed legislation as it currently stands.
Moore noted change is always possible during a legislative session.
“This is a snapshot of where we are right now. There are changes being contemplated. They are moving through the legislative process that ends May 5th. As of right now, they’re working to make it very clear that if it’s three floors or more, it affects you,” Moore said.
According to Moore, most of the condo-related legislation passed in 2022, 2023 and 2024 would not take effect before Jan. 1, 2025.
When interviewed on Saturday, Moore said prior to the 2022 adoption of SB 4-D, Florida had no inspection standards in place for aging condo buildings. During the 2022 session, the Senate members focused more on inspection requirements and the House members focused more on reserve funds and other financial elements. The resulting legislation left gaps legislators and others are now trying to address.
Inspections and reserves
Under the legislation, if an initial phase 1 structural inspection identifies structural deficiencies that require structural repairs, a more-extensive phase 2 inspection would be required.
“All these reports and inspections go to the condo owners and the local building official. If they find damage that has to be addressed, they’ll be told by the local building department that they have to get this done and they have 365 days to start the repairs. The building officials are the ones with the ability to enforce this, or to condemn a building. The condo associations can’t just say ‘We’ve got these repairs that need to be done’ and do nothing about it,” Moore said.
Moore said condo boards provide their association members with a fully-funded annual budget that includes reserves for four specific categories. The association members then vote on whether or not to waive state-imposed reserve funding requirements that would increase their annual assessments.
“With a condo, you might have a hundred different owners that all have a say. So, the decisions are not made the same way regarding maintenance and keeping the buildings well-fortified,” Moore said.
“After Dec. 31, 2024, you can no longer vote to waive the reserves on these structural integrity items. Painting is considered structural because of the waterproofing element. You could waive reserves on other things like renovating the clubhouse or buying new pool furniture. There are some condo associations that haven’t been reserving funds for 20 years. They’ll need to catch up and their association assessments will go up,” Moore said.
Moore noted some longtime condo owners now live on fixed incomes but over the years their condos accumulated increased equity and value. Moore said it probably won’t happen during the current legislative session, but efforts will be made to create a program that would allow condo associations to take out a loan and allow condo owners who can’t afford to write a $10,000 to $20,000 assessment check to pay back their portion of the loan when they sell their unit.
“If you want to just write the check that’s fine, but there should be an option that allows people some flexibility,” Moore said.
The Senate and House bills have each already passed through two committee stops with the unanimous support of Republicans and Democrats alike.
Moore is confident additional amendments made in the two bills’ final committee stops will produce matching bills to be sent to the Senate and House floors for final votes, and then to Gov. Ron DeSantis to sign into state law.
“We’ve been working with the Governor’s office and all indications are that he’s on board. Anything can happen with the legislative process, but it is expected to pass,” Moore said.
Condo owner insight
Morrow and her husband, Bill, live in a three-story condo building in Cortez. They also own a condo in a two-story building at Runaway Bay in Bradenton Beach.
“The whole point of this is safety and the management of safety. The collapse of Surfside exposed the fact that Florida condo owners have been able to vote every year to not fund a reserve. With this legislation, associations will have to have a reserve for critical structural components. It forces people to budget and set up a stream of revenue through the annual association assessment to fund those structural elements.
“Condominium owners on Anna Maria Island are going to be compelled to have a reserve study done, with a focus on the structural elements. They are going to have to build a plan to address the major structural elements and estimate when those structural elements will need to be repaired or replaced. The next thing is to build a strategy to collect the resources to be able to fund those repairs and major maintenance,” Morrow said.
When asked what happens to a condo association that currently has no reserves set aside, Morrow said,
“They will have to establish a reserve and begin contributing to that reserve in order to meet the structural requirements identified through the structural integrity reserve study. They’re going to have to start saving. If they’ve lived and owned in that building, they’ve contributed to its natural deterioration. What we have done previously here in Florida is to allow owners to ignore those obligations. Now the state is saying we have no choice. We cannot ignore those structural elements.”
Morrow supports the efforts to help find alternative funding support for condo owners and associations.
When asked if the proposed legislation is good or bad, Morrow said, “This is an improvement over last year. They had to come back for a special session and what they pushed out had a lot of gaps, but it was a needed step in the right direction. Now they’re going through the process of refining it and cleaning it up and this is good.”
TALLAHASSEE – Proponents of a parking garage facility at Manatee Beach in Holmes Beach had another good week in the state capital with a bill to allow the garage to be built passing its final committee meeting in the Florida House of Representatives.
The bill, sponsored by Manatee County Rep. Will Robinson Jr. and supported by Manatee County commissioners, passed the Local Administration, Federal Affairs and Special Districts Subcommittee, Regulatory Reform and Economic Development Subcommittee and State Affairs Committee, all with a unanimous favorable vote despite some Holmes Beach residents and city officials speaking out against the proposal.
Now the bill goes for a second reading and vote on the House floor before moving to the Senate, if approved, where it will undergo a similar committee approval process before making its way to the floor for a vote. If the parking garage bill passes votes in both the House and Senate, it will make its way to Gov. Ron DeSantis to either be rejected or signed into law on July 1.
Holmes Beach residents and local officials haven’t been silent when it comes to the parking garage bill. Mayor Judy Titsworth, along with members of city staff, made the journey to Tallahassee for the first of three committee hearings on March 15 to speak out against the bill. Members of the group Save AMI Cities sent letters to members of each committee in lieu of appearing in person. Police Chief Bill Tokajer sent letters opposing the parking garage to each committee. Commissioner Greg Kerchner appeared in person in the capitol on March 31 to speak at the final committee hearing.
While Manatee County Commissioner Kevin Van Ostenbridge is a vocal supporter of building the three-story parking garage, estimated to have 1,500-1,700 spaces – as opposed to the approximately 430 parking spaces currently available in the Manatee Beach parking lot – County Commissioner George Kruse said he’s approaching the proposition cautiously. Kruse said he wants to see numbers and how spending around $45 million to build the garage would benefit the county’s residents at large.
If approved, the garage construction is anticipated to begin in 2024 and take about two years to complete. The provisions of the bill would allow Manatee County to issue its own building permits for the project, bypassing approvals by Holmes Beach, where parking garages are only allowed by special exception.
If there is anything positive that comes from the recent attacks on home rule, it is how this threat has brought people from all over the world together in a fight to save Anna Maria Island and the three cities responsible for creating and retaining its character.
Anna Maria Island continues to receive recognition for being one of the best small coastal towns with its old Florida charm. I am proud of past policymakers and thank them for preserving our cities and creating a great destination for families to enjoy a day at the beach and the best place to live on Earth.
With numerous bills threatening our cities each year, our responsibility as engaged citizens and leaders has become much more essential. Detrimental decisions made today may not be able to be undone. Once paradise is lost, only a hurricane can wash away the many mistakes made by man. We have not listened to alternatives presented by transportation experts such as the Urban Land Institute (ULI) and FDOT. The ULI study suggested using shuttles or regional transit from the mainland to transport visitors to the Island. A 1,500- to 1,700-space parking garage doesn’t even come close to being a solution. The county and state’s unwillingness to take heed of studies paid for by county and state funding is unfathomable.
I truly appreciate all citizens for keeping up efforts in opposing big government and the continued attacks that these bills inflict on our cities.
“A hundred years after we are gone and forgotten, those who never heard of us will be living with the results of our actions.” – Oliver Wendell Homes
TALLAHASSEE – A bill proposing to build a three-story, 1,500-plus-space parking garage in Holmes Beach is speeding toward approval.
House Bill 947, proposed by Manatee County Rep. Will Robinson Jr., passed the Regulatory Reform and Economic Development Subcommittee on March 22 with the unanimous approval of all members present at the Florida House of Representatives with a change to line 15, submitted by Robinson, addressing the enforcement of the bill. The line states that the parking garage can be constructed within the “territorial boundaries of the city of Holmes Beach, without obtaining any permit, approval, consent, or letter of no objection from the city of Holmes Beach.”
The bill is now in the State Affairs Committee for consideration before moving to the House floor for a vote. If the bill passes those two votes, it moves on to the Florida Senate for consideration. If approved there, it would go to Gov. Ron DeSantis’s desk on July 1 to be vetoed or signed into law.
Though not in Tallahassee this week, Manatee County Commissioner George Kruse appeared before the Local Administration, Federal Affairs and Special Districts Subcommittee on March 15 to voice his support for the bill.
In a talk with The Sun, Kruse said he was in the state capitol for another matter, but the trip coincided with the first committee hearing on the parking garage bill and he wanted to lend support to Robinson.
The hearing was also attended by Holmes Beach Mayor Judy Titsworth along with several members of city staff. Titsworth, along with many Island residents and property owners, opposes the construction of a parking garage at Manatee Beach, which is owned by Manatee County but located in Holmes Beach. City leaders passed an ordinance in 2022 banning the construction of multi-level parking garages in the city except by special exception. Though parking garages were previously not an allowable land use in the city without a special exception, the passage of the ordinance bolstered the prohibition after county commissioners began discussing the possibility of building a parking garage in the city as an answer to beachgoer parking constraints.
Kruse said that while he understands that a special exception hearing before city commissioners could have been undertaken by the county, he thinks it would have been a waste of time, effort and taxpayer money due to city commissioners’ passage of the parking garage ban, resulting in county commissioners pushing the matter to the state level.
As of press time for The Sun, Kruse is the only Manatee County commissioner to have taken Titsworth up on her offer to tour the city’s available beach parking. Kruse said he embarked on the parking tour following a town hall meeting he held at the Island Branch Library, and said he spent more than two hours touring city streets and talking with the mayor about parking.
“We looked at probably 100% of the parking spaces,” Kruse said. “I said it when I was up in Tallahassee, I 100% gave Holmes Beach credit. What they’re working on right now is great. What they’re working on is going to be much more hospitable, much more welcoming to residents of Manatee County, staycationers and tourists.”
Holmes Beach city leaders are working to remove sign pollution, placing green numbered parking spot indicators near beach access points and working on an interactive app, with the installation of parking sensors, that can alert visitors to where available parking is located in real-time. The city also provides a map on its website that identifies public parking areas.
“I think everything that Holmes Beach is doing is amazing. It’s great. It’s going to make a world of difference,” Kruse said, adding that he feels that the bill at the state level may be pushing city leaders to work to resolve parking issues.
And though he said the city is addressing parking in as much as they have the capacity to do so, he doesn’t feel the solutions or even the proposed parking garage will fix all of the parking and traffic issues on Anna Maria Island. Even with the loss of the 400-plus parking spaces currently available at Manatee Beach, the parking garage would net 1,000 or more parking spaces, which Kruse said could potentially help provide more spaces for Manatee County residents and visitors.
“I do not think putting a parking garage there is going to fix our parking problem,” he said. “I support the concept of the parking garage. I support Rep. Robinson’s bill.”
“At the end of the day this is a large project in a large CIP within the county that has hundreds of millions, if not billions, of dollars of projects,” Kruse said. “So, I need numbers first. I need financials first. I’m a realist and I’m somebody who assesses everything with facts. So, I, at the end of the day, need to see where is $30-45 million coming from? What is the timeline for completion? What are we going to do with 400-plus parking spots in the interim during construction? That’s information I don’t have yet because the bill hasn’t passed yet, so we haven’t gone through it. We get to our CIP discussions in the summer when we go through budget, so this hasn’t come up specifically. I support the concept of allowing the county a very reasonable height and reasonable footprint to build additional parking for citizens of the county. Is it 100% guaranteed it’s going to get built? Probably. I know my board. ButamI100%soldonit?Ineedtosee where those numbers are coming from. Is that the best use of $45 million? And maybe it is. I support the concept. I support the idea of giving us the option. And I think that’s the heart and soul of it.”
Kruse added that he feels there could be better answers to the parking and traffic congestion issues on the Island, primarily the installation of a third lane on the Anna Maria Island Bridge along Manatee Avenue to allow for a dedicated first responder and transit lane. With a dedicated transit lane, he said he feels people would be more likely to ride a shuttle service to the beach with their gear if it allowed them to bypass traffic. The reconstruction of the Anna Maria Island Bridge is on the Florida Department of Transportation’s project priorities list but is unfunded.
TALLAHASSEE – A bill in the Florida House of Representatives to circumvent Holmes Beach ordinances and build a three-story, 1,500-plus space parking garage has passed its first roadblock on the way to becoming a reality.
HB 947, proposed by Manatee County Rep. Will Robinson Jr., passed the Federal Affairs and Special Districts subcommittee with a unanimous vote on March 15 despite Holmes Beach Mayor Judy Titsworth, City Attorney Erica Augello and other city staff members making a trip to the Florida Capitol to speak in person during the meeting.
After the subcommittee meeting, Titsworth said she was disappointed but not surprised at the outcome.
“We knew ahead of time that they had the vote,” Titsworth said in a statement to The Sun. “We still went so we could at least and on record state our position. The staff did great. This is Florida government at its finest, unfortunately, and an exercise on what to expect when a city takes a stance on quality of life issues. We will continue to fight for home rule and to save our public beach.”
During a March 14 city commission meeting, Augello and Titsworth both spoke about the hearing. The required economic impact statement filed with the bill and signed by Bradenton Area Convention and Visitors Bureau Executive Director Elliott Falcione states that the proposed garage with a minimum of 1,500 parking spaces is forecast to bring in $4,698,900 in the first fiscal year after its completion and $4,823,300 in the second fiscal year. The garage is expected to cost $45 million to build with $400,000 in annual maintenance afterwards. Manatee County Commissioner Kevin Van Ostenbridge said the garage’s parking spaces would have to be paid parking, around $2 per hour, to help pay for the construction and maintenance. The reasons for building the garage include providing additional public parking spaces for beachgoers and giving visitors more places to park to visit local businesses.
During the March 14 meeting, Titsworth said that she doesn’t think the ultimate goal of Manatee County commissioners, who first proposed the garage, is to provide beach parking for locals but to provide parking for businesses in Bradenton Beach and Anna Maria.
“It could turn into a bus depot to get other people to other parts of the Island,” Titsworth said of the garage. While Holmes Beach city leaders require businesses to absorb their own parking onsite or at an adjacent site, that isn’t the case in Anna Maria and Bradenton Beach, where businesses often have limited dedicated parking.
The bill becomes effective if it passes three committees in the House along with a floor vote and passes the same process in the Senate and is signed into law by Gov. Ron DeSantis. If that happens, Manatee County commissioners can skip all city approvals and permits to issue their own permits for the construction of the parking garage on the county-owned property at Manatee Beach, located in the city at 4000 Gulf Drive. Van Ostenbridge previously said the new garage would include new bathroom, concession and retail facilities at the public beach. The garage is planned to cover the majority of the county-owned parcel, from the setback on the south next to West Coast Surf Shop to Gulf Drive. According to the bill, the garage is anticipated to not break the city’s three-story height restriction except for the elevator shaft going to the top floor of parking.
City leaders passed an ordinance in 2022 specifying that parking garages are not an allowable land use in the city. The ordinance was a clarification as parking garages historically have not been a use in Holmes Beach except by special exception.
Van Ostenbridge, who said he’d planned to propose a parking garage on the county-owned parcel before city commissioners passed the ordinance, said he felt like city leaders “kept moving the goalpost” so he broached the issue with the Manatee County legislative delegation, who voiced their support of the project during a January meeting. The proposed bill was born from there.
Holmes Beach Police Chief Bill Tokajer said that he patrolled the city over a busy spring break weekend March 10-12 and found that parking wasn’t completely gone despite more than 35,000 cars coming into Holmes Beach each day.
On Saturday, Tokajer said the public beach parking lot was filled by 11 a.m. with 79 public parking spaces empty citywide at noon and 52 available at 3 p.m. On Sunday, he said the beach lot filled at 10:30 a.m. but there were still 88 spaces near the beach open at 11:50 a.m. He said those numbers didn’t include any of the available spaces in city lots or open church lots that welcome visitor parking.
Titsworth said that Robinson and Manatee County Commissioner George Kruse both took her up on an invitation to view the city’s available parking first-hand and that both were impressed with the amount of available parking. By the time Robinson toured the city, the bill had already been submitted for consideration. Kruse was noted during the March 15 hearing as lending his support to the proposed parking garage bill despite not appearing in person in Tallahassee.
Since the first approval, the parking garage bill has moved to the Regulatory Reform and Economic Development subcommittee. If it passes there, it goes to the State Affairs Committee before a House floor vote.
HOLMES BEACH – Another bill in the Florida House of Representatives is proposed to undo local vacation rental regulations, pushing control to the state.
House Bill 105 is designed to preempt local restrictions on vacation rentals pertaining to sanitation standards, inspections, duration or frequency of rentals and any prohibitions of vacation rentals.
All local vacation rental ordinances that were in place on or before June 1, 2011 are exempt from the restrictions of the bill concerning the prohibition of vacation rentals and regulations regarding the frequency and duration of rentals.
In Holmes Beach, city leaders are concerned about the bill because it would effectively do away with the city’s vacation rental certificate ordinance and regulations, which were passed in 2016. Local governments would be able to require the owners and operators of vacation rentals to maintain the name of a designated contact and information for someone responsible for each unit.
Inspections related to enforcement of the Florida Fire Code would not be impacted, such as those planned by officials at West Manatee Fire Rescue to begin this fall to address potential life safety issues. Inspections of units related to the enforcement of the Florida Building Code would also be exempt.
City Attorney Erica Augello said the city’s lobbyist is working diligently to oppose the passage of the bill, which is currently in the state Regulatory Reform and Economic Development Subcommittee in the House. The House bill has also been referred to the Local Administration, Federal Affairs and Special Districts Subcommittee.
If the new bill passes in committees, it would need to make it through a vote on the Florida House floor before going to the Senate to go through the same approval process to reach Gov. Ron DeSantis’s desk for final approval before it becomes law. The bill states it would take effect on July 1. As of press time for The Sun, no vote had been recorded for the bill.
HOLMES BEACH – Monthly Art Walks always draw a crowd to Island Gallery West (IGW) and the Artists’ Guild Gallery of Anna Maria Island, as well as many surrounding businesses that participate in the event. The March 10 Art Walk was bittersweet for IGW, as it was the final day the gallery would be open before closing its doors after 33 years to move to downtown Bradenton.
It was the largest crowd to attend an Art Walk at IGW this season, as most of the 33 member artists gathered to say farewell to both locals and visitors who have visited the member-run co-op art gallery, some for decades. While IGW has issued no official statement on the exact reason for the move, conversations over the past few months have alluded to a rent increase and reduced visitation to the gallery due to ongoing road construction in the direct vicinity of IGW being reasons the move was necessary.
The farewell evening was not a sad event; it was very much the opposite, with most of the artists (none of whom resigned from the gallery because of the move) being excited about the future and more grateful for the past 33 years than sad.
“I’ll miss this place very much, but I’m excited to get in the new space,” member artist Charlotte Sorsen said. “We are going to have a lot more space and will be able to hold classes, demonstrations and a lot of things we just didn’t have the space for here at this location. In the end, it’s going to be a very good thing for all of us.”
IGW officials initially kept the new location a secret, but now say the new gallery will be located at 456 Old Main St. in Bradenton.
“We’re going to have so much room at this new location,” member artist Judy Goldman said. “We’ll have room for classes, a design studio, an open studio for artists that are learning to paint and even a painting with the pros studio. It will be a lot of things that will give back to the community. It’s kind of sad because we have so much of our heart invested here, but we’re growing; that’s just how progress goes.”
The Artists’ Guild of Anna Maria Island is now the only remaining member-run artist co-op gallery on the Island and many members there said they are sad to see IGW leave, believing the two galleries helped each other by providing access to the arts for both locals and visitors alike.
“I’m sad they’re leaving, it’s nice to have more than one gallery because people come and shop then they walk around, so things will change a little bit,” Artists’ Guild member and former president Sharon Tarras said. “We have a meeting in the next few days and we’ll have to talk about restructuring the Art Walk now that we have lost IGW. Maybe make it more of a Holmes Beach shopping event. It’s not just the galleries involved, there are businesses here that participate, and I’m sure they want it to continue.”
The Artists’ Guild confirmed there are no plans to leave the Island and the gallery will remain at its current location in Holmes Beach.
