Skip to main content

Tag: Ron DeSantis

Florida DOGE auditing Manatee County

Florida DOGE auditing Manatee County

MANATEE COUNTY – The Florida Department of Government Ef­ficiency (DOGE) is auditing Manatee County’s finances.

Gov. Ron DeSantis announced the audit during his July 24 visit to Bra­denton, during which he mentioned the steep property tax increases in Manatee County in recent years.

The same day, Manatee County Commission Chairman George Kruse received a letter from DOGE that began by saying, “The Florida DOGE team, in partnership with Chief Financial Officer Blaise Ingoglia and the Office of Policy and Budget, have identified Manatee County for further review and an on-site visit. Although Manatee County has taken steps to reduce the county-wide millage rate in recent years, rising property values have pushed annual property tax col­lections up by over $200 million since 2019, according to your published budgets. This increased burden on property owners has helped Manatee County increase the county’s net an­nual budget by almost $600 million since 2020 – an increase in spending of 80% during that period.”

County Administrator Charlie Bishop was copied as a recipient of the DOGE letters. Hillsborough County, Pinellas County, the city of Orlando and the city of Jacksonville are among the other Florida counties and cities that recently received similar DOGE letters.

In addition to paying county property taxes, Anna Maria, Bra­denton Beach and Holmes Beach property owners also pay annual city property taxes at a much lower millage rate than the county’s millage rate. Property owners in Bradenton, Palmetto and the northern portion of Longboat Key also pay city and county property taxes. Property owners in unincorporated areas, including Cortez, don’t pay city property taxes.

“Having entrusted their governments with the power to tax, the citizens of Florida have a right to expect that their elected officials will spend the collected funds responsibly, not recklessly, and on truly necessary programs,” the DOGE letter says. “Through the DOGE effort, Gov. DeSantis has charged us to identify and report on this type of excessive spending at the county and municipal level.”

The letter also says, “We hereby request access to your county’s physical premises, data systems and responsive personnel on Aug. 5 and Aug. 6, at the county administration building and such other locations that you identify as necessary to comply with these requests. You should note that financial penalties may accrue for your failure to comply with each of the following requests for access on those dates.”

The letter is signed by Ingoglia, DOGE Team Leader Eric Soskin and Office of Policy and Budget Director Leda Kelly.

On July 31, county commissioners voted 5-1 in favor of setting the county’s tentative millage rate at the same 6.0826 mills in effect for the current fiscal year. Subject to revision before final adoption in September, Manatee County’s $2.54 billion 2026 fiscal year budget currently includes $1.38 billion in newly generated revenues, including property tax revenues. The $2.54 billion total also includes debts and other financial obligations being carried over from the 2025 fiscal year that ends on Sept. 30.

DOGE requests

The two-page DOGE letter was accompanied by six pages of specific requests for detailed financial information, including capital expenditures, operating costs and funding sources for the county-contracted Gulf Islands Ferry service that operates between downtown Bradenton and Anna Maria Island, the Riverwalk Day Dock in downtown Bradenton and the Bradenton Beach Pier in Bradenton Beach that cur­rently serve as ferry stops. Because of the hurricane damage that Hurricane Milton inflicted on the City Pier in 2024, ferry service in Anna Maria remains suspended until a new City Pier walkway is built.

The DOGE letter also requests in­formation about the county’s property management efforts and the purchase or sale of any public-owned property, specifically, the county’s recently an­nounced $24 million purchase of an existing building in Lakewood Ranch to be used for expanded county govern­ment operations. The July 24 letter was received before county commissioners’ unanimous July 29 decision to buy the 39-acre Mixon Fruit Farms property and wedding venue in east Bradenton for $13.5 million.

DOGE also seeks detailed informa­tion about:

  • county procurement processes and policies;
  • contracts awarded in excess of $10,000 and the vendors awarded those contracts;
  • compensation paid to county employees;
  • the county utilities system;
  • the county’s diversity, equity and inclusion programs and efforts;
  • county expenditures related to climate change, emissions reduction or carbon reduction, including the purchase of battery-powered electric vehicles;
  • grants and matching grants received by the county;
  • the county’s rules and policies re­garding government vehicle allowances, including a list of all county personnel making use of a take-home vehicle;
  • the county’s Government Relations department, including job descriptions and departmental expenditures to date;
  • project descriptions, budgeted costs, actual costs and cost overruns or savings for county transportation-related capital projects that began, remain ongoing or have been completed since Jan. 1, 2023;
  • the installation, initial costs and maintenance costs and estimated life cycle for all traffic calming devices, included but not limited to speed tables, speed humps, raised intersections, curb extensions and chokers; and
  • homeless services provided by the county, the effectiveness of those efforts and any grant funds provided to other agencies that assist the homeless.
DeSantis approves state funds for City Pier replacement

DeSantis approves state funds for City Pier replacement

ANNA MARIA – The city will receive a $1.25 million state appropriation that will assist in the replacement of the Anna Maria City Pier walkway that sustained significant damage during Hurricane Milton last year.

Gov. Ron DeSantis did not veto the city’s appropriation request before signing Florida’s $117.4 billion 2025-26 fiscal year budget on June 30. Before signing the budget, DeSantis vetoed $567 million in line-item funding requests.

According to Mayor Mark Short, the city will have access to the $1.25 million when the state and city’s new fiscal years begin on Oct. 1.

The Local Funding Initia­tive Request form that Sen. Jim Boyd (R-Bradenton) filed on the city’s behalf in early February originally sought $2.5 million, but that amount was reduced by 50% during the Florida Legislature’s 2025 session.

“Hurricane Milton destroyed the walkway of the Anna Maria City Pier, including all sewer, electrical and several pilings and has made the building at the end of the pier inoperable,” Boyd’s request form said. “The businesses and organizations that occupy the pier, including Mote Marine’s Educational Center, the Gulf Islands Ferry and the City Pier Grill are unable to provide any services due to the damage from the storm’s direct impacts.”

As part of his efforts to secure the $7 million to $9 million needed to complete the pier replacement project, Short anticipates Manatee County commissioners ap­proving a $2 million funding request on July 29 when that Tourist Development Council-supported request is presented to county commissioners. If approved, the $2 million would come from tourist development tax revenues generated by the 6% tax the county levies on hotel, motel, resort and vacation rental stays of six months or less.

Short and the city also hope to receive up to $4 million in federal FEMA funds as reimbursement for the pier damage, but those funds are not guaranteed and remain uncertain.

The estimated pier replace­ment costs include approxi­mately $800,000 to repair and remediate the flood-damaged but structurally sound city-owned buildings at the T-end of the pier. The pier buildings are currently leased to the City Pier Grill operators and Mote Marine and neither entity has officially confirmed their return to the pier when it reopens.

When meeting with Short and some of the city com­missioners, Manatee County Commission Chair George Kruse expressed his personal support for the county front­ing the city the additional funds needed to complete the pier project, especially if the FEMA funds are not received. Speaking for himself only, Kruse said the city would then be expected to repay some or all of those additional funds to the county.

Short told Kruse, county officials and TDC members that he hopes to complete the pier replacement project by October 2026.

Quality Marine recently demolished and removed what remained of the pier walkway. At some point soon, the city is expected to issue a request for proposals seeking bids from marine construction companies interested in build­ing the new pier walkway and concrete support structure.

Related coverage:
City, county officials discuss pier replacement, ferry landing

City leaders oppose property tax elimination

City leaders oppose property tax elimination

HOLMES BEACH – City officials are already paying attention to the possible elimination of property taxes proposed but not yet defined by Gov. Ron DeSantis and state legislators.

Holmes Beach City Commissioner Carol Whitmore initiated a brief property tax discussion during the commission’s March 25 meeting. After noting that DeSantis recently mentioned eliminating property taxes, Whitmore pointed out that property taxes are the primary funding source for city and county governments, whereas sales taxes and other taxes fund the state government.

Commissioner Terry Schaefer said the Florida League of Cities held a March 24 call-in session that addressed several proposed pieces of legislation that the League is monitoring as the 60-day 2025 legislative session in Tallahassee reached its halfway point.

City leaders oppose property tax elimination
Commissioner Terry Schaefer is concerned about the state trying to eliminate cities. – Joe Hendricks | Sun

Regarding the elimination of property taxes, Schafer said, “No one at the meeting felt there was a reasonable alternative to this. We all know property taxes are local and here you have the governor stepping in to eliminate property taxes without any vision, without any determination, as to what would replace that revenue.”

City leaders oppose property tax elimination
Holmes Beach Mayor Judy Titsworth hopes voters are paying attention to the property tax elimination discussions. – Joe Hendricks | Sun

Mayor Judy Titsworth said, “When you take funding away from local governments and county govern­ments what does that do? Well, you cease to exist and then the state is in charge of everything. If this does go to a referendum, I hope people are paying attention.”

“We will fight it,” Whitmore added.

“There’s seemingly a direction to minimize the number of cities from our current state administration,” Schaefer said.

“It’s a strange world we live in right now,” Titsworth said.

Schaefer said only 12-13% of the total property taxes paid by the owner of a homesteaded primary residence in Holmes Beach are remitted to the city. The rest goes to the county, the school board, the West Manatee Fire Rescue District, the West Coast Inland Navigation District, the Southwest Florida Water Management District, the Mosquito Control District and other taxing districts. Holmes Beach property owners also pay an annual stormwater assessment fee that’s included on their property tax bill.

“We deliver a pretty good return on investment to our taxpayers,” Schaefer said of the city’s ad valorem property tax collections and expenditures.

Using tax bills posted at the Manatee County Property Appraiser’s website, The Sun examined the 2024 property tax bills for six randomly selected residential properties in the R-1 zoning district behind Holmes Beach City Hall. Those property tax bills ranged from $5,925, $7,959 and $9,507 to $15,628, $17,800 and $20,353. The taxes varied according to the property’s assessed taxable value and whether the property was taxed as a homesteaded primary residence or as a non-homesteaded property used as a second home, a vacation home, a rental home of 30 days or more or for some other purpose.

According to the Manatee County Tax Collector’s Office, “The homestead exemption is a constitutional guarantee that reduces the assessed value of residential property up to $25,000 for qualified permanent residents. In 2008, Florida voters approved an additional homestead exemption of up to $25,000 for homeowners whose homes have an assessed value of more than $50,000.”

Elimination study

To date, neither DeSantis nor the state Legislature has provided specific details as to how property taxes would be eliminated or how those lost tax revenues would be recouped. But on Feb. 18, Sen. Jonathan Martin, R-Fort Myers, and Sen. Jason Pizzo, D-Hollywood, co-introduced Senate Bill 852. The bill proposes that the Office of Economic and Demographic Research conduct a study to establish a framework to eliminate property taxes and replace property tax revenues through budget reductions, sales-based consumption taxes and locally determined consumption taxes authorized by the state Legislature. The bill sets forth the proposed study requirements and an Oct. 1 deadline for the study to be presented to the Senate president and the Speaker of the House.

SB 852 states: “The study must include, at a minimum, all of the following: An analy­sis of the potential impact of eliminating property taxes on public services, including education, infrastructure and emergency services; an as­sessment of potential housing market fluctuations, including changes in homeownership rates and property values; an evaluation of whether a shift to consumption-based taxes would make Florida more attractive to businesses compared to other states; an analysis of the potential impact of eliminating prop­erty taxes on overall economic stability, consumer behavior and long-term economic growth.”

As of March 28, SB 852 had not passed through any of the three Senate committees assigned to discuss the bill and similar legislation had not been introduced in the House of Representatives. The adoption of proposed legisla­tion requires matching bills to be supported respectively by the majority of the Senate and House members.

State Rep. Ryan Chamber­lin, R-Ocala, recently filed House Bill 357, which pro­poses increasing the $25,000 homestead exemption to $100,000. HB/HJR 357 pro­poses placing the $100,000 homestead exemption on the 2026 general election ballot. If then adopted by Florida voters, the $100,000 exemp­tion would take effect on Jan. 1, 2027.

“Florida’s population has been continuously overbur­dened by constant increases in property taxes throughout the past several years. The property tax increases are based, unfairly, on unrealized gains for the paper value of our homes,” Chamberlin says in a “Why I filed this bill” statement posted at the House website.

Sen. Blaise Ingoglia, R-Spring Hill, filed SB 1016, a bill that seeks to increase the $25,000 exemption to $75,000.

Foreseeable consequences

The Florida Policy Institute website addresses the foreseeable consequences of eliminating property taxes.

“If policymakers continue to pursue eliminating prop­erty taxes outright without a cohesive plan to raise taxes in a progressive manner, some of the consequences are clear:

  • Households with low to moderate income, including both property owners and renters, will end up paying more in taxes, as a percentage of their earnings, compared to wealthy residents if sales taxes increase to make up the lost revenue.”
  • “Local governments would lose fiscal autonomy as they would no longer collect prop­erty taxes, and they would become dependent on the state for funding – whether it is for schools or other public services like police and fire services.”
  • “Individuals who currently claim a property tax deduc­tion in their federal income tax returns would lose the deduction; meaning their personal income taxes could potentially increase.”
  • “The state government would have to weigh local funding needs alongside statewide services, lead­ing to competition and underfunding if the state’s tax base – presumably sales tax base – shrinks.”
Holmes Beach mayor responds to DOGE letter

Holmes Beach mayor responds to DOGE letter

HOLMES BEACH – Island leaders are under a deadline to respond to a letter they received this month from the new state DOGE task force, and the Holmes Beach mayor has already taken action.

Gov. Ron DeSantis issued an executive order on Feb. 24 that created the Florida State Department of Governmental Efficiency (DOGE) task force. On March 18, the Office of the Governor’s new DOGE task force electronically transmitted a two-page letter to the cities of Holmes Beach, Anna Maria, Bradenton Beach and all other Florida municipalities regarding their financial condition.

Addressed to “Dear Local Official,” the letter begins by stating, “Pursuant to Executive Order 25-44, the Executive Office of the Governor has established an EOG DOGE Team which will use advanced technology to identify, review and report on unnecessary spending within county and municipal govern­ments and recommend legislative reforms to promote efficiency, maximize productivity and eliminate waste in state and local government. These efforts are focused on ensuring fiscal responsibility throughout Florida.

“In addition to assessing your municipality’s publicly available information over the coming weeks and months, the EOG DOGE Team is also assessing compliance with the financial management requirements set forth in section 218.503, Florida Statutes. This provision outlines the circumstances under which a local governmental entity is deemed to be in financial emergency or distress, trig­gering necessary corrective actions,” the DOGE letter says.

“To fulfill our oversight role, and in accordance with article IV, section 1(a) of the Florida Constitution, we respectfully request confirmation as to whether your municipality has encountered any instances of financial emergency or distress, including those listed in section 218.503(1), Florida Statutes, such as:

  • Failure to pay short-term loans or obligations when due as a result of lack of funds.
  • Failure to make debt service payments on bonds, loans or other debt instruments when due.
  • Failure to timely pay uncontested claims from creditors for more than 90 days due to lack of funds.
  • Failure to transfer taxes, Social Security contributions or retirement plan contributions as required by law.
  • An unreserved or total fund balance deficit in the general fund or any major operating fund that persists for two consecutive years.”

The letter says, “If your municipality has encountered any of these condi­tions since state fiscal year 2018-19, or anticipates potential financial distress in the next six months, please provide a written response detailing the specific circumstances, any corrective actions taken, a point of contact and any additional information relevant to compliance with statutory financial obligations.”

In closing, the DOGE letter says, “Please submit your response no later than April 8 to ensure timely review and, if necessary, assistance from state authorities. If we do not receive a response from you within 45 days, it will be presumed that your municipality is in possible statutory violation and in need of assistance. We appreciate your cooperation in maintaining the fiscal integrity of local governmental operations.”

The letter is signed, “Sincerely, EOG DOGE Team.”

Florida league of cities’ response

The following day, the Florida League of Cities (FLC) distributed an electronic letter to city officials that said, “We are reaching out to confirm that the letter your city received from the Executive Office of the Governor DOGE Team is legitimate and was sent to every municipality in Florida. The governor’s office has requested that each city respond within 45 days of receiving the letter.”

Holmes Beach mayor responds to DOGE letter
Gov. Ron DeSantis shared this graphic on social media when announcing the formation of the DOGE task force. – Gov. Ron DeSantis | Submitted

The FLC letter includes a draft response cities can use when submit­ting a response if the city can answer ‘No’ to all five questions posed in the DOGE letter and has not encountered any instances of financial emergency or distress.

The FLC draft response says, “Dear Executive Office of the Governor DOGE Team, This correspondence serves as [City Name]’s response to the financial review letter received from your office. After careful evalua­tion, we confirm that our municipality has not encountered any conditions of financial emergency or distress, as outlined in the letter, since the state fiscal year 2018-19. If additional information is required, please do not hesitate to contact us.”

In closing, the FLC letter says, “Please note: If a response is not received within 45 days, the governor’s office will presume that your municipality may be in possible statutory violation and in need of state assistance.”

Holmes beach response

On March 20, using the FLC draft response, Holmes Beach Mayor Judy Titsworth sent the following recom­mended response to the DOGE team: “This correspondence serves as the city of Holmes Beach’s response to the financial review letter received from your office. After careful evaluation, we confirm that our municipality has not encountered any conditions of financial emergency or distress, as outlined in the letter, since the state fiscal year 2018-19. If additional information is required, please do not hesitate to contact us.”

Gulf of Mexico referenced in new waterways ordinance

Gulf of Mexico referenced in new waterways ordinance

ANNA MARIA – On Jan. 23, Anna Maria City Commissioners adopted on second and final reading an ordinance the amends the city’s seawall regulations referencing the Gulf of Mexico.

The ordinance was adopted three days after President Donald Trump issued Executive Order 14172, an order declaring that the Gulf of Mexico would be renamed the Gulf of America.

As recommended by the Anna Maria Planning and Zoning Board, Ordinance 24-938 says, “Prior to issuance of a building permit, proposed seawalls and bulkheads along the Gulf of Mexico or Tampa Bay must furnish a permit issued by the Florida Department of Environmental Protection and/or U.S. Army Corps of Engineers, or proof of a permit exemption.”

Gulf of Mexico referenced in new waterways ordinance
Ordinance 24-938 references the Gulf of Mexico. – City of Anna Maria | Submitted

The adopted ordinance includes new language that makes a determination by the building official or designee that a seawall is unsafe a violation of the city’s code.

At the recommendation of the Planning and Zoning Board, the adopted ordinance includes the following definitions: “Bulkhead means a shoreline stabilization structure separating land and water areas and retaining soil. Seawall means a shoreline stabilization structure separating land and water areas, retaining soil and intercepting wave action.”

The new language replaces previous language included in the Anna Maria code of ordinances that said, “The specifications are not intended to apply to seawalls or other structures on the Gulf of Mexico or Tampa Bay shore, for which, because of occasional heavy storm wave action, special consideration must be given.”

GULF OF AMERICA

“I am directing that it officially be renamed the Gulf of America,” the presidential order says. “As such, within 30 days of the date of this order, the Secretary of the Interior shall take all appropriate actions to rename as the ‘Gulf of America’ the U.S. continental shelf area bounded on the northeast, north, and northwest by the states of Texas, Louisiana, Mississippi, Alabama and Florida and extending to the seaward.”

Gulf of Mexico referenced in new waterways ordinance
Gov. Ron DeSantis’ executive order references the Gulf of America. – Gov. Ron DeSantis | Submitted

During public input at the city meeting, City Attorney Becky Vose was asked if the ordinance would have to be amended or revised to reference the Gulf of America. Commissioner Gary McMullen said he wondered about that, too.

Vose said the adopted ordinance could later be revised administratively by city staff if so desired and doing so would not require a city commission-approved ordinance amendment because the revision would not change the intent of the ordinance.

Mayor Mark Short noted that Gov. Ron DeSantis, on Jan. 20, issued Executive Order 25-13, an executive order pertaining to a winter weather system expected to impact north Florida that used the new name.

“Whereas, an area of low pressure mov­ing across the Gulf of America, interacting with arctic air, will bring widespread impactful winter whether to north Florida beginning Tuesday, Jan. 21…” the gover­nor’s order says.

The mayor and commissioners made no additional comments about the presiden­tial order or name to be used by the city.

Anna Maria’s code of ordinances currently references the Gulf of Mexico 23 times. The Holmes Beach code of ordinances currently references the Gulf of Mexico 16 times and the Bradenton Beach code of ordinances currently references the Gulf of Mexico 10 times.

Gulf of Mexico referenced in new waterways ordinance
The Anna Maria code of ordinances includes 23 references to the Gulf of Mexico. – Municode | Submitted

Google Maps intends to refer to the body of water as the Gulf of America. On Jan. 27, Google issued a statement on the X social media platform that said, “We will update Google Maps in the U.S. to quickly show Mount McKinley and Gulf of America.”

As of Jan. 31, Google Maps still refer­enced the Gulf of Mexico and did not yet reference the Gulf of America.

Related coverage: Coast Lines: A Gulf by any other name

Anna Maria honors Dan Murphy

Anna Maria honors Dan Murphy

ANNA MARIA – Newly-elected Mayor Mark Short presided over an emo­tional farewell ceremony for longtime Anna Maria Mayor Dan Murphy.

Due to a health issue, Murphy did not attend the ceremony that occurred during the city’s commission’s Nov. 19 swearing-in ceremony and organiza­tional meeting.

Anna Maria honors Dan Murphy
Dan Murphy occupied the mayor’s seat for a decade. – Joe Hendricks | Sun

Murphy’s wife, Barb, read a state­ment from her husband that said, “I want to thank the residents of our beautiful city for giving me the privilege of serving as your mayor for 10 challenging years. I also give special thanks to my staff, the commission, the county and our state for your help through ‘thick and thin,’ six hurricanes and a pandemic. It has all been a rewarding experience. Thank you.”

Anna Maria honors Dan Murphy
Mayor Mark Short presided over the Nov. 19 farewell ceremony. – Joe Hendricks | Sun

When he began the ceremony, Short said, “I’d like to start by thanking Dan for his 10 years of dedicated service. He always was there and it was always about what’s in the best interest of the city. And Barbara, I want to thank you for allowing him to do that.”

He also said, “It’s not often that someone who’s over 60 years old can say that he found a new mentor and a new advisor and I just want to thank Dan for everything he did for me and everything he did for this city.”

Anna Maria honors Dan Murphy
Amanda Romant spoke on behalf of State Sen. Jim Boyd. – Joe Hendricks | Sun

Sen. Jim Boyd’s legislative aide, Amanda Romant, read a letter from the state senator that praised Murphy for being a leader and a steward of one of the most beautiful destina­tions in Florida. His letter said that Murphy understood the importance of community, responsible management of resources and the protection of natural surroundings and he valued the partnerships between local and state government that provide an enhanced quality of life for residents and memorable vacation experiences for visitors.

“You also safeguarded the Island and its residents during this extraordinary storm season. Your leadership and focus have been critical to the timely recovery of Anna Maria. I applaud your commitment to the residents and business owners who contribute to this unique and beautiful beach community,” Boyd stated in his letter.

Anna Maria honors Dan Murphy
Barb Murphy accepted an appreciation plaque presented by Dean Jones. – Joe Hendricks | Sun

Anna Maria General Man­ager Dean Jones presented Barb with a plaque expressing the city’s gratitude.

He then said, “Dan Murphy came to the city of Anna Maria with a vision. He wanted to make the city better for its citizens and those that would visit in the future. First came the projects. City Pier Park was his first goal. Taking a park with very little use and making it a place where people could gather, children could play and events could be held to bring this small community together.”

Jones said Murphy initiated several road and drainage projects that made Anna Maria a safer place to live and that he was also a great steward of the city’s finances.

He said Murphy always had a plan, he taught city staff how to be better at their jobs, he knew the strengths and weaknesses of his team and he served as a mentor to many.

“Mayor Murphy could be demanding. He could chal­lenge you and test your limits of being able to complete what seemed like a monumental task. His attention to detail always amazed the staff, along with his endless knowledge. He’s been one of the most influential forces the city’s ever seen. As the page turns, you can rest assured that the city will be in good hands,” Jones said.

Anna Maria honors Dan Murphy
Mayor Mark Short presented Barb Murphy with a letter of appreciation from Gov. Ron DeSantis. – Joe Hendricks | Sun

Short presented Barb a framed letter from Gov. Ron DeSantis that said, “Dear Mayor Murphy, it is with sincere gratitude that I send my best wishes to you as you depart from your position as the mayor of the city of Anna Maria. The first lady and I appreciate your years of commitment, dedication and public service to the residents and visitors of Anna Maria. You should be very proud of your accomplishments during your tenure, especially the rebuilding of the City Pier and hosting the annual ‘Old Soldiers & Sailors’ Veterans Day parade.”

Semi-retired city employee Debby Haynes presented Barb with a bouquet of roses and thanked her for being the city’s first lady and for always standing by her husband.

Short presented Barb with a painting of the City Pier that hung inside city hall for many years.

“The mayor always loved this and we have requisitioned it to the Murphy household,” he said.

He then read aloud a city proclamation that notes Murphy was raised in St. Petersburg, served in the U.S. Army, was awarded the Vietnam Service Medal with two bronze stars and the Vietnam Campaign Medal and earned a Bachelor of Arts degree in political science and pre-law from the University of South Florida. The proclama­tion notes that Dan and Barb have been married for 57 years and have four adult children, seven grandchildren and a great-granddaughter.

The proclamation notes Murphy was a longtime Verizon executive whose career took him to various locations in the U.S. and the Caribbean, but he commuted for work rather than uproot­ing his family from Anna Maria Island.

“Dan provided steady and unwavering leadership while guiding the city through multiple hurricanes and tropi­cal storms, the construction of the new Anna Maria City Pier, the COVID-19 pandemic and the unprecedented reduction of the city’s property tax millage rate. Dan guided the city commission’s adoption of the city’s short-term vacation rental regulations in 2015 and since then he has the led the city’s successful annual opposition to the state legislature’s attempts to further preempt local vacation rental regulation to the state,” the proclamation says.

“One of Mayor Dan Murphy’s proudest accomplishments is transforming the vacant and under-utilized ‘six lots’ property into City Pier Park, where the city has hosted the seasonal farmer’s market, free movies in the park and two of Dan’s favorite and most meaningful events: the annual ‘Old Soldiers & Sailors’ Parade and Veterans Day recognition ceremony and the annual Memorial Day recognition ceremony honoring those who gave their lives in service to their country.”

The proclamation praises Murphy’s dedication, creative mind, visionary thinking, likeability and integrity and says, “We hope he never un­derestimates the difference he has made for the city of Anna Maria and the lives that he has touched and made better. Therefore, be it proclaimed by the Anna Maria commission and mayor that Dec. 20, 2024, shall be known as Mayor Dan Murphy Day.”

Murphy will celebrate his 80th birthday on that date.

Anna Maria honors Dan Murphy
Luis Laracuente spoke on behalf U.S. Senator Rick Scott. – Joe Hendricks | Sun

Speaking last, Sen. Rick Scott’s District Director Luis Laracuente said, “We just wanted to thank the mayor for everything he’s done for the city of Anna Maria, in his role as a veteran and also his friendship and kindness with the senator. We truly appreciate everything he’s done and his leadership through the hurricanes, which does not go unnoticed. He will be receiving a flag that will be flown on top of the capitol on his birthday; and along with it will be a letter from the senator and a certificate from the capitol. We send our congratulations and our appreciation.”

The Nov. 19 appreciation ceremony video is archived at the Anna Maria Island Sun Facebook page.

 

Vacation rentals still allowed in Anna Maria

Vacation rentals still allowed in Anna Maria

ANNA MARIA – Prior to the approach of Hurricane Milton, Mayor Dan Murphy and city commissioners decided they would not enact a vacation rental moratorium.

Unlike the city of Holmes Beach, the cities of Anna Maria and Bradenton Beach are not enacting short-term vacation rental moratoriums. At the request of Gov. Ron DeSantis, the Florida Department of Business and Professional Regulation (DBPR) has issued an executive order pertaining to short-term rentals.

On Wednesday, the Holmes Beach City Commission enacted a 45-day vacation rental moratorium ordinance that took effect immediately regarding current and pending vacation rental stays. The moratorium does not prevent vacation rental owners and management companies from renting their properties to displaced residents and other Hurricane Helene victims, and city officials encourage doing so.

On Monday, the Anna Maria City Commission reached a unanimous consensus not to enact a vacation rental moratorium. On Thursday, the Bradenton Beach Commission reached a similar decision.

Anna Maria discussion

On Sept. 30, Murphy told city commissioners he received a call from Holmes Beach Police Chief Bill Tokajer earlier that day informing him the city of Holmes Beach was considering enacting a vacation rental moratorium and inquiring whether the city of Anna Maria had similar intentions.

“I don’t think it’s the right thing to do,” Murphy said. “If we were to pass such an ordinance, the state of Florida will call up all the abuses of power like they did after COVID, and they could potentially take away our ability to pass emergency ordinances in the future.”

He also said, “We would be meddling in the real estate business by forbidding vacation rentals.”

Murphy said he discussed a potential moratorium with Sen. Jim Boyd and Boyd suggested contacting the attorney general’s office first.

“If you pass something like that, forbidding vacation rentals, you’re going to get second-guessed all the way to the courthouse, not only by the state but by the realtors,” Murphy said when recapping his conversation with Boyd.

Participating by phone, City Attorney Becky Vose said, “I think it is wrought with all kinds of perils. Probably the biggest one that jumped out at me was the liability of the city for lawsuits for damages because cities, under the Florida Statutes, are not allowed to prohibit vacation rentals. You can do some regulation of them but not outright prohibit them. It’s one thing if the Island were closed, but if the Island’s open and you prohibit people from renting a vacation rental, I think we’d have a really good chance of losing in court; and there might be some serious financial consequences.”

Continuing, Vose said, “If it were to be construed as overreaching by the city, then it’s going to come back and bite us through the legislature. They have a history of coming back and biting us when they perceive we’re doing something that impinges upon vacation rentals, or businesses in general. From a legal standpoint, I think it’s a really bad idea.”

Participating by phone, Commissioner Kathy Johnson said, “I think it would expose us to Bert Harris lawsuits.”

Participating by phone, Commissioner Jon Crane said, “We just can’t put an iron curtain around the city.”

Vacation rentals still allowed in Anna Maria
The cleanup and restoration work has begun at these vacation rental properties in Anna Maria. – Joe Hendricks | Sun

Commissioner Charlie Salem agreed and expressed additional concerns about hampering the economic recovery of Anna Maria’s tourist-reliant business and vacation rental community.

“Maybe a prohibition isn’t the best way to do that. I understand the sentiment behind it and I understand the risk as well,” he said.

Instead, Salem suggested using the city website and Facebook page to inform potential tourists of the realities they may encounter during the ongoing recovery process.

Salem, whose home was damaged, said, “It is not a fun place to be right now. Anybody thinking about a vacation here should consider that.”

Vacation rentals still allowed in Anna Maria
Hurricane debris lines the Anna Maria streets as the exhaustive debris removal efforts continue. – Joe Hendricks | Sun

Salem said it’s important to provide potential vacationers with credible information about what to expect when visiting Anna Maria during the recovery process.

Commissioner Mark Short agreed and said, “As long as we stick to the facts of what’s going on no one can accuse us of chasing people away. We’re simply stating here’s what it is.”

Short said it’s counterintuitive to allow someone from Bradenton to visit Anna Maria while prohibiting someone from New York, or any other destination, from doing the same thing.

Vacation rentals still allowed in Anna Maria
Hurricane debris was piling up at the makeshift collection center at Bayfront Park. – Joe Hendricks | Sun
Vacation rentals still allowed in Anna Maria
On Thursday, a Manatee County Sherrif’s Office deputy told these vacationing beachgoers they had to leave what remains of the Bean Point beach. – Joe Hendricks | Sun

The city of Anna Maria’s Facebook page now contains a status update that notes the city is still under a state of emergency and several factors need to be taken into consideration before traveling to Anna Maria at this time.

Vacation rentals still allowed in Anna Maria
The beach at Bean Point suffered significant storm erosion. – Joe Hendricks | Sun

Those factors include limited access to the city due to a nightly curfew that remains in effect in Holmes Beach, traffic delays when entering the Island, restaurant and business closures, contaminated swimming pools, closed beaches and congested and debris-laden roadways.

“We hope to have our city back to normal soon!” the Facebook message says.

State order

Late Thursday morning, Gov. Ron DeSantis held a press conference in Anna Maria in front of the heavily damaged Rod & Reel Pier. During the press conference, he announced the Florida Department of Business and Professional Regulation (DBPR) was issuing an executive order pertaining to short-term vacation rentals.

“We understand that housing is a challenge. If you had four feet of water in your house, even if it’s not a total loss, you’ve got to gut that drywall and there’s a rehab process,” DeSantis said.

Vacation rentals still allowed in Anna Maria
Gov. Ron DeSantis discussed vacation rentals during his visit to Anna Maria on Thursday. – Joe Hendricks | Sun

“Today, I am announcing that I am taking executive action to temporarily lift time restrictions on rentals and we’re directing municipalities and counties to do the same. We have regulations – some of them local, some of them state – that require rentals to be greater than or less than 30 days depending on the locality. The bottom line is you may need less than 30 days if you’re rehabbing your home. Maybe you need a little bit more. If you are a victim of Hurricane Helene, those stipulations are lifted and you can rent what you need regardless of any arbitrary rules. This will help provide immediate housing for those who need it,” DeSantis said of the executive order applicable to all counties declared to be in a state of emergency due to Hurricane Helene.

In response to a question posed by The Sun regarding the Holmes Beach moratorium, DeSantis said, “If someone’s got a rental in Holmes Beach and you lost your home you have a right to enter into that agreement and do a 15-day rental or a 30-day rental or whatever you need. But it is limited to the people that were displaced from their homes. Obviously, these local municipalities have certain authority to do it how they want to do it for the general public, but for our storm victims, we want to give them as many options as possible.”

Another media member asked DeSantis what message should be sent to vacationers still planning or considering a visit to the Island.

“We want the economy to get back going,” DeSantis said. “We want people to be able to come. There may be some areas where it may be a little more challenging, but the goal needs to be to get people back up and get the tourism flowing again. There was a lot of storm surge and there’s been a lot of damage and they’re cleaning it up, but this is a beautiful part of the state. There are local issues I think they can work that out however they see fit. The state of Florida’s open for business.”

Vacation rentals still allowed in Anna Maria
The Anna Maria General Store and Deli on Pine Avenue is open again. – Joe Hendricks | Sun
Vacation rentals still allowed in Anna Maria
The gRub Tropical Barbeque restaurant on Pine Avenue is open again. – Joe Hendricks | Sun

Holmes Beach curfew

When speaking to the Sun Thursday afternoon, Tokajer noted the city of Holmes Beach still has a nightly curfew in effect and a curfew checkpoint at the entry to the city via Manatee Avenue. The curfew is expected to remain in effect until the moratorium is lifted.

Tokajer said vacation rental guests headed to Anna Maria or Bradenton Beach are free to enter through Holmes Beach between 7 a.m. and 7 p.m. but if they leave the Island and try to return after the curfew takes effect at 7 p.m. they will not be allowed through the Holmes Beach curfew checkpoint without a re-entry tag issued by one of the Island cites.

Related coverage:

Holmes Beach enacts vacation rental moratorium

Police chief addresses return access, power restoration, damage assessment

Police chief addresses return access, power restoration, damage assessment

BRADENTON BEACH – Police Chief and Public Works Director John Cosby provided The Sun with an extensive update on Oct. 1 regarding the conditions in the city and when residents, property owners, and business owners might be able to return.

He also addressed the ongoing power restoration efforts, property damage assessments, potential condemnation of damaged structures and mail delivery.

Police chief addresses return access, power restoration, damage assessment
John Cosby stood at the sand-covered Cortez Road/Gulf Drive intersection the morning after Hurricane Helene passed through Bradenton Beach. – Joe Hendricks | Sun

Cosby said the damage Hurricane Helene inflicted in Bradenton Beach is much greater than the damage sustained in Holmes Beach and Anna Maria. He also said the recovery efforts in Bradenton Beach are far more daunting and challenging than what the other two Island cities are experiencing.

“We have been declared as ‘catastrophic.’ Gov. DeSantis has been to a lot of disaster sites and he said never seen this much sand moved by a storm,” Cosby said.

“The governor’s visit on Saturday is what got us to the point we’re at now,” Cosby said of the ongoing street-clearing efforts.

“The city of Bradenton Beach greatly appreciates the governor’s visit and assistance. His visit brought to Bradenton Beach the assistance of all the state agencies necessary for the recovery efforts,” Cosby said.

Return access

Cosby said the Florida Department of Transportation (FDOT) has cleared Gulf Drive of sand and debris deposited by Hurricane Helene’s winds and storm surge.

Police chief addresses return access, power restoration, damage assessment
FDOT utilized a small army of trucks and equipment to clear Gulf Drive of sand and debris. – Joe Hendricks | Sun

“Gulf Drive is a state road and Gov. DeSantis also authorized FDOT to clear all public roads owned by the city of Bradenton Beach. As soon as FDOT is done clearing the secondary roads owned, we will let residents, business owners, insurance adjusters, vacation rental property owners and property management personnel to return. We will also allow the contractors that the property owners and businesses have contacted to come out and do work,” Cosby said.

“If FDOT gives me the green light on Thursday, then we’ll start this on Friday,” Cosby said of the controlled re-entry process that remains subject to change.

“At that point, you can start cleaning up and assessing your damage. You can stay until the curfew begins at 7 p.m. If you want to bring a van or truck to load up your belongings, you’ll be allowed to do that. That’s why I want residents to have a few days to try to salvage their lives before the general public starts driving around,” Cosby said.

Cosby said residents can resume living in their homes, if they wish, with or without electrical service. Still, there is a fire risk associated with power returning to damaged electrical systems.

Regarding the initial wave of returnees, Cosby said, “I want to give the residents and the business owners a couple days to come out and collect their bearings because they are not prepared for what they are going to see. Some of these people have lost everything and their care and needs are our top priority. They are not prepared when they walk in their house and see that their house is totally destroyed, or see that their vehicles are totally destroyed and there’s two or three feet of sand in their garage. The business owners who’ve returned to Bridge Street are just overwhelmed. When I began talking to them, they were on the verge of tears,” Cosby said.

Regarding future re-entry for the general public, Cosby said, “When the time is right, I will then consider allowing other traffic into the city.”

Cosby provided no specific timetable as to when that additional traffic will be allowed to return, but if all goes well, he expects it could happen at some point next week.

Cosby said those who have questions or concerns, can stop the police department, at 403 Highland Ave, or speak with an officer patrolling the city.

 Re-entry requirements

Re-entry checkpoints remain in effect at the Cortez Bridge, the Bradenton Beach/Holmes Beach border and the Longboat Pass Bridge. Tampa Police Department officers will begin assisting the city with those efforts tonight (Oct. 1).

Barring any unforeseen complications, when the first wave of authorized residents, property owners, business owners, and others begin returning later this week through the Cortez Road checkpoint only, they must present a city-issued re-entry tag or some other documentation that supports their entrance to the city.

Residents can also provide a valid driver’s license or state ID with a Bradenton Beach address, a utility bill, or a tax bill specific to their property.

Valid documentation for business owners includes a current re-entry tag or a city-issued business tax license. Business owners who want their employees to return to their workplace via their own vehicles must provide Cosby with a letter containing the business letterhead, the owner’s name, and the name of each employee authorized to return in their own vehicle.

The authorization letters are to be emailed to Cosby at jcosby@cityofbradnetonbeach.com. Cosby will print the employee authorization letters out and provide them to the law enforcement personnel stationed at the Cortez Bridge checkpoint.

Cosby encourages returning employees to share rides or caravan as much as possible to reduce the number of unnecessary vehicles returning, especially those with trailers and trucks coming out to remove the contents of a business.

Valid documentation for returning vacation rental owners and property managers includes a re-entry tag or a copy of a city-issued transient public lodging license. Arrangements can then be made for contractors to begin their recovery and restoration work. Returning contractors will be asked to provide a work order or some other documentation associated with the pending work.

Police chief addresses return access, power restoration, damage assessment
This elevated residential structure along Gulf Drive South sustained hurricane damage. – Leslie Lake | Sub

Cosby noted that FDOT and Manatee County personnel are not clearing driveways and driveway entrances at this point and, for now, that remains the responsibility of the property owner. Returning vehicles will not be allowed to park alongside Gulf Drive and must be parked in driveways, along residential side streets, in public parking spaces or in business parking lots.

Due to ongoing public safety and law enforcement concerns, Cosby said the general public, “disaster tourists’ and others without a legitimate reason to return will not be granted access to the city.

Trolley service resumes

While awaiting allowed vehicular access to the city, residents, business owners, employees and others can now return to the city using MCAT’s free Island trolley service. According to Cosby, the free Island trolley buses began traveling through Bradenton Beach at approximately noon today after previously resuming service in Holmes Beach and Anna Maria.

Trolley busses entering Bradenton Beach through Holmes Beach will travel south along Gulf Drive to the S-Curve at 13th Street South. Passengers can get off the bus along the route to access their residential and commercial properties that may or may not have electrical service.

The trollies will turn around at the S-curve and will not travel to Coquina Beach or the Coquina boat ramps, which remain closed. The trollies will then travel north on Gulf Drive and take a right turn (east) on the Cortez Bridge to pick up passengers near the bridge where vehicular access remains restricted. There is no designated parking for trolley passengers so you must find a legal parking place on your own. The trollies will turn around at the Cortez Bridge and proceed north and toward Holmes Beach and Anna Maria. Trolley arrival times will likely be approximately every half-hour, with longer wait times possible.

Power restoration

Cosby said electrical service has been restored in some locations and that remains an ongoing, and sometimes challenging, work in progress.

“The FPL assessment team was out here yesterday and today analyzing and assessing the city’s underground electrical system south of Cortez Road. They are diligently analyzing and assessing the damage and formulating a plan to restore power to the south end of the city,” Cosby said.

Police chief addresses return access, power restoration, damage assessment
FPL is analyzing the damage done to the electrical system at the south end of the city. – Joe Hendricks | Sun

Cosby said power has been restored to the police station, city hall and other locations throughout the city.

“FPL has already charged the overhead lines on Gulf Drive and sporadically some people are getting power back. The city’s planning department is working with FPL to ensure that every individual home or building is inspected and certified before receiving electrical services. If the home or building is not certified, the power meter will be removed and the building will not have electricity when the power line is charged,” Cosby said.

Property damage

“People don’t realize how bad it is,” Cosby said. “A picture only shows a certain angle, but not the entire degree of the damage. When talking to the Bridge Street merchants when we first brought them out, I told them before we went over the bridge to be prepared for shock and awe. You are not going to believe what you’re going to see because we’ve never had anything like this. A lot of buildings are going to have to be torn down,” Cosby said.

Police chief addresses return access, power restoration, damage assessment
The storm surge left its mark on this elevated Bradenton Beach home. – Joe Hendricks | Sun

Cosby said the storm surge was three or four feet high on Bridge Street and over six feet high in other places, with reported wave heights of eight to 11 feet.

Police chief addresses return access, power restoration, damage assessment
Water erosion threatens the foundation at this home along Gulf Drive South. – Joe Hendricks | Sun
Police chief addresses return access, power restoration, damage assessment
Hurricane Helene demolished this home and deposited it at the end of the street. – Joe Hendricks | Sun

“Our building official has already determined that several structures have been condemned and the building department will continue to evaluate structures to determine whether or not they can be occupied,” Cosby said.

 Mail service

Today, the city issued a press release regarding mail service that states Bradenton Beach mail service is being temporarily re-routed to the Longboat Key post office at 560 Bay Isles Road for approximately one month. Cosby said the Bradenton Beach post office may have sustained storm damage and many residential mailboxes are buried or missing.

“Starting Thursday (Oct. 3), mail can start being picked up at the Longboat Key post office. There will be no mail delivery until further notice,” he said.

Final thoughts

“The city of Bradenton Beach appreciates the efforts of FDOT, Gov. DeSantis, the state of Florida, Manatee County and the Manatee County Emergency Operations Center, the Manatee County Sheriff’s Office, the West Manatee Fire District, and the other Island municipalities for their response and assisting us with our ongoing recovery efforts,” Cosby said.

Real-time updates and information are being posted daily at the Bradenton Beach Police Department’s Facebook page.

(Sun reporter Leslie Lake contributed photos to this story)

(Editor’s note: As conditions and circumstances continue to evolve, the information provided in this story is subject to change at any time.)

Related coverage:
Residents and business owners return to Holmes Beach
Recovery process continues in Anna Maria
Duncan leads community recovery efforts
DeSantis prioritizes temporary Gulf Drive repairs
Cortez cleans up after Helene
Hurricane recovery underway on Anna Maria Island
DeSantis vetoes vacation rental bill

DeSantis vetoes vacation rental bill

TALLAHASSEE – Gov. Ron DeSantis vetoed proposed state legislation that would have significantly hindered city and county governments’ ability to regulate short-term vacation rentals locally.

The Florida Legislature proposed the vetoed legislation earlier as Senate Bill 280 and House Bill 1537. Legislators sought to preempt short-term vacation rental regulation and vacation rental advertising to the state, with the Florida Department of Business and Professional Regulation serving as the statewide administrative and enforcement entity.

Sen. Nick DiCeglie (R-St. Petersburg) sponsored SB 280 and State Rep. Philip Griffitts Jr. (R-Panama City Beach) sponsored House Bill 1537. Sen. Jim Boyd (R-Bradenton) and State Rep. Will Robinson Jr. (R-Bradenton) supported the vacation rental preemptions sought in the matching bills.

The proposed legislation also included a controversial carve-out that would have allowed Flagler County to continue enforcing its existing vacation rental regulations.

Veto letter

At approximately 6:30 p.m. on June 27, DeSantis sent Secretary of State Cord Byrd a letter informing him of the veto.

“Beyond creating new bureaucratic red tape that locals must comply with, CS/SB 280 prevents local governments from enforcing existing ordinances or passing any new local measure that would exclusively apply to vacation rentals. Under the bill, any such measure must apply to all residential properties. The effect of this provision will prevent virtually all local regulation of vacation rentals even though the vacation rental markets are far from uniform across the various regions of the state,” DeSantis stated in his letter.

DeSantis vetoes vacation rental bill
Gov. Ron DeSantis vetoed CS/SB 280. – www.FlGov.com

“Going forward, I encourage the Florida Legislature and all key stakeholders to work together with the understanding that vacation rentals should not be approached as a one-size-fits-all issue. For these reasons, I withhold my approval of CS/SB 280 and do hereby veto the same,” DeSantis wrote.

Anna Maria discussion

Around the same time DeSantis vetoed the legislation, Mayor Dan Murphy told Anna Maria City Commissioners the city’s lobbyist, Matthew Blair, remained optimistic the governor would veto the bill.

Murphy said seven opposition campaigns recently initiated through the city-owned HomeRuleFl.com website resulted in approximately 3,000 letters, emails and phone calls being directed to DeSantis and his staff.

DeSantis vetoes vacation rental bill
Anna Maria Mayor Dan Murphy actively opposed the proposed vacation rental legislation. – Joe Hendricks | Sun

“The raw nerve was the Flagler County carve-out. There’s no logical explanation for the carve-out of Flagler County other than it’s the home of the speaker of the house (Paul Renner) and home to a relatively powerful senator (Travis Hutson),” Murphy said.

He also addressed the “pork chop” legislation references contained in the emails sent to DeSantis. He noted the Tampa Tribune newspaper coined the phrase “pork chop politics” many years ago while covering the patronizing and self-serving actions of Florida politicians who made laws that excluded certain people while impacting most others.

“It’s a lousy way to do politics,” Murphy said.

Island reaction

Later that evening, after learning of DeSantis’ veto, Murphy sent an email to city commissioners and others that said, “Congratulations commissioners and staff. Our governor vetoed the vacation rental bill tonight. I so much appreciate all of your support with our campaigns and efforts to stop this poorly thought-out piece of ‘pork chop’ legislation.”

Friday morning, Home Rule Florida distributed an email thanking subscribers for their efforts.

“Thanks to you and your thousands of letters and phone calls made to the governor, he saw that this was ‘pork chop’ legislation and simply bad policy. It’s amazing what we can do when we all pull together. The ‘pork chop’ has been chopped,” the email said.

When contacted Friday morning, Holmes Beach Mayor Judy Titsworth said, “I was out of town when I received the news. I am eternally grateful to the governor for allowing us to continue to self-govern and retain our ability to regulate our vacation rental industry accordingly.

DeSantis vetoes vacation rental bill
Holmes Beach Mayor Judy Titsworth appreciates Gov. Ron DeSantis’ veto. – Joe Hendricks | Sun

“The ability to regulate with daily fines allows us to bring all into compliance. The bill that was passed would have circumvented all regulations we have been able to use to restore the balance in our residential districts,” she said.

“Regulating this commercial industry in our neighborhoods is crucial in maintaining quality of life for our residents and to maintain our full-time population. This is crucial for our churches, our commercial and professional economy and our schools. The ability to enforce occupancy and length of stay would have been the biggest concern of this bill. It pretty much took all the tools out of our toolbox,” she said.

“I thank all those who wrote letters and participated in the Save Home Rule campaign. We are gaining residents in our city and it has everything to do with our ability to self-govern on quality-of-life issues. There is a lot to be said about being on the right side of history. I wish more leaders would figure that out,” Titsworth said.

DeSantis vetoes vacation rental bill
The city of Holmes Beach can continue inspecting and regulating short-term vacation rentals. – Joe Hendricks | Sun

Holmes Beach Police Chief Bill Tokajer said, “The mayor and I are ecstatic that the governor vetoed this bill and left it to the local governments. We, as a city, are doing a tremendous job at monitoring our vacation rentals for safety for our visitors and residents alike. We also want to thank all the citizens from Holmes Beach and Anna Maria Island that reached out to the governor asking for the veto of this bill. A village came together on this and it is much appreciated.”

When contacted late Friday morning, Murphy said, “I was elated that we were able to once again stop this legislation from going forward. It shows that when we all work together, we can accomplish great things. This is an illustration of the power of the people and getting the message up to the governor. I’m extremely grateful to the governor for having vetoed it and for listening to the people who would have been impacted by this legislation. This was a statewide effort and HomeRuleFl.com played a large part in getting that message out.”

Regarding the proposed legislation, Murphy said, “The heaviest impact would have been pulling away the occupancy limits. For us, that would be an overnight increase of approximately 30% in terms of occupancy in our city. We don’t have the infrastructure for it. We don’t have the parking, the police, the sewer, or the water to cover a 30% increase. You could absorb it over time, but to pull the plug on us overnight is wrong. That was poorly thought out by Sen. DiCeglie,” Murphy said.

The proposed legislation would have allowed local governments to still conduct an initial inspection of a vacation rental property but would not have allowed annual follow-up inspections.

“That shows you how little the author of this bill knows about the vacation rental business. It doesn’t make sense,” Murphy said. “These homes experience constant turnover week after week. Things wear out. Things get broken. People will cram as many people as they can into a home. We find rooms with no egress, with smoke detectors underneath fans, with pool alarms and pool fences missing and those types of things. That’s not safe. This is not one-size-fits-all. Anna Maria, Orlando, St. Augustine and the panhandle attract different types of visitors.”

Despite this year’s success, Murphy expects the legislative battle to continue.

“It’s going to be back next year and the year after that,” he said. “They’re not going to go away, but fortunately the governor and his staff have enough wisdom to see this is not in the best interest of the State of Florida. It’s not in the best interest of the visitors and it’s not in the best interest of the voters. It’s in the best interest of out-of-state corporations like Airbnb and VRBO.”

Murphy will not seek reelection this fall and this was his final vacation rental battle with state legislators. During his 10 years as mayor, he repeatedly led Anna Maria’s annual efforts to defeat the Florida Legislature’s failed preemption attempts. He will soon turn those duties over to Anna Maria’s next mayor, Mark Short or Brian Seymour.

“I feel good that we have two candidates for mayor that are qualified to carry this fight on. We’ve got a good staff that’s trained and knows how to use these tools and we’ve got a good lobbyist. That’s what it’s going to take,” he said.

Farrington secures petition signatures

Farrington secures petition signatures

MANATEE COUNTY – Mana­tee County Supervisor of Elec­tions candidate Scott Farrington has secured enough petition signatures to avoid paying a $10,133 qualifying fee.

The one-week qualifying period for county candidates begins on Monday, June 10 at noon and ends on Friday, June 14 at noon. Farrington will face interim Supervisor of Elections appointee James Satcher in the Republican primary that concludes on Tuesday, Aug. 20.

Farrington spent 12 years with the Manatee County Supervisor of Elections Office and was serving as chief of staff when he resigned on April 12. Farrington resigned after Gov. Ron DeSantis appoint­ed Satcher, a sitting Manatee County commissioner, to serve the remaining months of the four-year term that Supervisor of Elections Mike Bennett vacated when he resigned on March 1. Farrington filed his preliminary candidate’s paperwork in late January, long before DeSantis appointed Satcher.

DeSantis appointed Satcher to serve as the interim Supervisor of Elections despite Satcher having no previous experience supervis­ing an election or working in an election office. Once appointed, Satcher forfeited the remaining months of his District 1 county commission term.

On April 24, Satcher filed a campaign redesignation letter that stated he was resigning his candidacy for the District 1 county commission seat and running as a Supervisor of Elections candidate instead.

Petitions verified

When qualifying for elected office, Florida law requires candi­dates to pay a qualifying fee that equals 6% of the annual salary for the office sought. The qualifying fee is waived if the candidate secures enough verified petition signatures to equal 1% of the total number of registered voters as of the last general election for the office sought.

On May 7, Satcher, as Supervi­sor of Elections, issued a letter to Farrington that said, “This is official notification, pursuant to Section 99.095, Florida Statutes, that you have obtained the required number of valid signa­tures on your candidate petitions as a Republican candidate for the office of the Manatee County Supervisor of Elections. This certification excuses you from paying the qualifying fee and any party assessment when seeking to qualify for this office.”

When contacted on May 10, Farrington said he needed 2,806 verified signatures and he submitted more than 3,500, with approximately 600 signatures still awaiting verification.

Farrington secures petition signatures
James Satcher will have to pay a $10,133 qualifying fee. – Manatee County | Submitted

When contacted by The Sun, Supervisor of Elections Office Deputy Chief Sharon Stief said Satcher did not previously collect petition signatures for his county commission reelection bid and did not collect petition signatures for his current Supervisor of Elections candidacy. To have his name placed on the ballot, Satcher must pay a $10,113 qualifying fee, which he can do using some of the $70,500 he previously secured for his county commission reelection bid. To date, Farrington has raised $10,300.

Primary matters

Florida is a closed primary state. As of May 10, no other candidates had filed to run in the Supervisor of Elections race. If that remains the case, all of Manatee County’s registered voters, regardless of party affilia­tion, can vote in the Supervisor of Elections primary race.

If a Democrat or non-party-affiliated candidate joins the race and qualifies to run, the Supervisor of Elections race becomes a closed primary race for Republican voters only. If that happens, the August primary will determine who serves as Manatee County’s next Supervisor of Elections.

As an election tactic frequently used statewide, including in Manatee County, a non-party-affiliated candidate enters a race simply to close the primary race to the members of the other party and increase the odds of a preferred candidate winning. These primary-closing candidates generally do not solicit campaign contributions or actively cam­paign.

Voters are able to offset these primary closing tactics by changing their party affiliation before the potential single-party primary election takes place. July 22 is the deadline to change one’s party affiliation to Republican in order to vote in the Supervisor of Elections primary race and any applicable Republican county commission primary races.

Changing party affiliation can be easily done by visiting www.RegisterToVoteFlorida.gov. Party affiliation can then be easily reversed before the general elec­tion concludes on Tuesday, Nov. 5 even though party affiliation is not relevant in a general election.

Satcher files in supervisor of elections race

Satcher files in supervisor of elections race

MANATEE COUNTY – Interim Manatee County Supervisor of Elections James Satcher has filed his preliminary paperwork to run for election to that position on a long-term basis.

On April 12, Gov. Ron DeSantis appointed Satcher, a first-term county commissioner, to serve as the interim supervisor of elections despite having no prior experience supervising an election or managing an elections office.

DeSantis appointed Satcher to serve the remaining months of the four-year supervisor of elections term vacated by longtime Supervisor of Elections Mike Bennett, who resigned on March 1. Satcher’s appointed term expires soon after the upcoming general election in November.

On April 24, Satcher filed his one-paragraph campaign redesignation letter that said, “I, James Satcher, am resigning my candidacy from Manatee County Commission District 1 and filing a new DS-DE 9 for the supervisor of elections race.”

Satcher files in supervisor of elections race
Scott Farrington formerly served as chief of staff for the Manatee County Supervisor of Elections Office. – VoteScottFarrington.com | Submitted

Satcher will face longtime Supervisor of Elections Office Chief of Staff Scott Farrington in the Republican primary race that concludes Aug. 20.

Currently, no Democratic candidate or non-party affiliated candidate has filed to run in that race. If that remains the case, the August primary will determine who serves as Manatee County’s next supervisor of elections.

If no non-Republican candidates enter the primary race, the primary will be open to all Manatee County voters regardless of party affiliation. If a non-Republican candidate joins the race, the primary will be closed to Republican voters only.

The winner of the race will serve a four-year term as the elected supervisor of elections.

Satcher brings to his supervisor of elections campaign $70,500 in campaign contributions he previously received for his reelection bid for the District 1 Manatee County Commission seat he was elected to in 2020.

Farrington was in his 12th year of service with the Manatee County Supervisor of Elections Office when he resigned following Satcher’s unexpected appointment. To date, Farrington has raised $10,300 for his election campaign and he’s currently collecting the petition signatures needed to qualify for inclusion on the ballot. The official qualifying period for election to a county office begins June 10 and ends June 14.

Redesignating funds

According to Florida election law, a candidate can change the designation of the office they seek to another elected office. If the candidate received campaign contributions for the original office they sought, the candidate must notify in writing each previous contributor and offer to return their contribution.

Within 15 days of filing the change of resignation, the candidate must send written notice to all contributors. In that notice, the candidate must offer to return to the contributor, on a pro rata basis, all contributions given in support of the original office.
The candidate must include with the notice a copy of Form DS-DE 86, which is a request for return of contribution. If the contributor returns Form DS-DE 86 within 30 days of receiving the notice, the candidate must return a pro rata share of all contributions given in support of the original office.
If the contributor does not return Form DS-DE 86 within 30 days of receiving the notice, the candidate may use the contribution for the newly designated office up to the maximum of the contribution limits allowed by law.

The full amount of the contribution for the original office shall count toward the contribution limits for the new office. Any amount that exceeds the contribution limits for the new office must be properly disposed of pursuant to law.

Related coverage: Farrington resigns, seeks supervisor of elections job

Farrington resigns, seeks supervisor of elections job

Farrington resigns, seeks supervisor of elections job

MANATEE COUNTY – County voters will ultimately determine whether former Chief of Staff Scott Farrington or recent gubernatorial appointee James Satcher serves as Manatee County’s next supervisor of elections.

Farrington and Satcher are expected to square off in the Republican primary election that concludes on Aug. 20.

If no Democrat or non-party-affiliated candidate joins the race, the primary will determine the race winner.

On April 12, Gov. Ron DeSantis appointed Satcher, then a Manatee County commissioner, to serve the re­maining months of the four-year term that longtime supervisor Mike Bennett vacated on March 1 after announcing his retirement in January. Satcher has no previous experience conducting an election or managing an elections office and his appointed term expires after the November election.

As Bennett’s longtime chief of staff, Farrington oversaw the elections office operations from March 1 until April 12. He resigned the day DeSantis appointed Satcher. He was in his 12th year with the Manatee elections office, preceded by 10 years with the Sarasota County Supervisor of Elections Office.

In January, with Bennett’s resignation pending, Farrington filed to run for the elected four-year Supervisor of Elections term that will begin after the November elections. As of Sunday, Satcher had not yet filed to run in the supervisor of elections race but he’s expected to file soon.

SATCHER TAKES OVER

In his new role, Satcher made a brief appearance before the county commis­sion on April 16. While noting he’d soon seek additional county funds to address staffing and equipment needs, Satcher inferred that Farrington refused to provide the passwords needed to access the elections office computers.

Farrington resigns, seeks supervisor of elections job
Supervisor of Elections James Satcher appeared before the county commission on April 16. – YouTube | Submitted

“One person left on Friday of his own accord and took all the passwords with him and refused to give them to our technology department when we called and asked for the passwords,” Satcher said.

Farrington and Bennett later disputed Satcher’s allegation.

After Farrington’s departure, Satcher hired Manatee County Commissioner Amanda Ballard’s husband, David Ballard, to serve as his chief of staff, despite Ballard currently being on probation in Manatee County.

On Feb. 1, 2023, the Florida Highway Patrol arrested Ballard on suspicion of driving under the influence with property damage and/or personal injury. He was also charged with leaving the scene of a crash. On March 6, 2023, the Bradenton Police Department arrested Ballard on suspicion of driving under the influence, refusal to submit to testing and driving with license canceled, suspended or revoked.

Farrington resigns, seeks supervisor of elections job
David Ballard was arrested twice in 2023 on suspicion driving under the influence. – Submitted

According to the March 6 probable cause affidavit, the responding officer smelled a faint smell of alcohol on Ballard’s breath. Ballard told the officer he had not consumed any alcohol that day but was taking prescribed medications that included Klonopin and alcohol withdrawal medicine. Ballard told the officer he was traveling home from the Centerstone rehabilitation facility when the accident occurred.

According to the March 6 probable cause affidavit, “Once officers arrived on scene, the defendant (Ballard) advised that his wife was driving and he was a passenger. He stated that she left the scene to make a phone call. She arrived shortly after and advised this was not true. He later stated that he forgot he was actually driving.”

On Aug. 24, 2023, Ballard pled no contest to the driving under the influence charge associated with his Feb. 1 arrest. He also pled no contest to all three counts as­sociated with his March 6 arrest. According to the order of probation issued that day, Ballard was placed on probation for one year and his driver’s license was suspended for five years.

FARRINGTON SPEAKS

When speaking to The Sun on April 19, Farrington addressed the governor’s decision and said, “I was disappointed, but there’s nothing I can do about that now.”

Farrington confirmed he’ll remain in the supervisor of elections race and he’s happy Manatee County voters will decide who serves in that role for the next four years.

“I am running because I think the people of Manatee County deserve a choice. Right now, one choice is already laid out. I believe I offer a different option – one of experi­ence. I have over 20 years of elections experience. Some people might not think that’s important, but there’s so much involved in running an election. I offer experience, integrity and honest elections,” Farrington said.

He’s now collecting the petition signatures needed as part of the candidate qualifying process.

“If anybody’s interested in signing one, they can go to my website, VoteScottFar­rington.com, and download it, sign it and send it in,” he said.

Regarding Satcher’s claim about with­held passwords, Farrington said, “I did not take any passwords and I did not refuse to give any passwords back. That’s not true.”

BENNETT DISAPPOINTED

When speaking to The Sun on April 18, Bennett noted DeSantis has often expressed his desire for election integrity, yet he appointed a supervisor of elections with no previous experience and strong partisan political beliefs.

When announcing his resignation, Bennett sent DeSantis a letter that recom­mended Farrington be appointed to serve as the interim supervisor. Bennett said DeSantis never contacted him about the pending appointment, nor did any of the governor’s staff.

“I’m extremely disappointed with the governor and I’m extremely disappointed with (former Florida Senator) Bill Galvano for taking the lead on getting the governor to make that appointment,” Bennett said.

Regarding Satcher’s appointment, Bennett said, “To take somebody who has no knowledge of elections and never volunteered to sit on the canvassing board? He knows nothing about it. And then he hires a guy who’s on probation and can’t even drive the supervisor’s car to check on a polling place or an early voting spot. The new chief of staff knows nothing about elections and has never served on a canvassing board or been to a canvassing board meeting,” Bennett said.

Bennett is concerned that Satcher and Ballard’s lack of experience and strong political beliefs could affect public confi­dence and the integrity of the upcoming elections.

He also addressed Satcher’s claim about withheld passwords.

“That’s simply not true. Scott didn’t have all the passwords. All the passwords are with Sharon Stief,” Bennett said in reference to his longtime chief deputy, who remains in that position. “Nobody ever contacted Scott or me about getting any passwords.”

SUPERVISOR’S RACE

The Florida voter registration application and instruction form accessible at the Manatee County Supervisor of Elections website notes that Florida uses a closed primary system that only allows those affiliated with a specific political party to vote in party-specific primary elections.

“However, in primary elections, all voters can vote for candidates in that partisan primary race if the candidates face no opposition in the general election,” the form notes.

If no Democratic or non-party-affiliated candidates enter the supervisor of elections race – including a bogus candidate who runs simply to close the primary – the anticipated Farrington-Satcher primary race would be open to all Manatee County voters. If a Democrat or non-party-affiliat­ed candidate enters the race, the primary becomes closed to Republican voters only.

If the primary is closed, non-Republican voters who wish to vote in the supervisor of elections primary race have until July 22 to change their current party af­filiation to Republican, which can be easily accomplished and later reversed by visiting https://registertovoteflorida.gov/eligibilityreactive.

Commission promises to preserve parking spaces

Commission promises to preserve parking spaces

ANNA MARIA – City leaders have pledged not to eliminate parking places to accommodate the potential extension of the existing multi-use path along Gulf Drive.

On March 28, the Anna Maria City Commission reached a 4-1 consensus to preserve the existing parallel parking spaces along Gulf Drive if and when the multi-use path is extended from Willow Avenue to Magnolia Avenue. Commissioner Gary McMullen opposed the consensus and supports the elimination of those parking spaces if needed.

Commission promises to preserve parking spaces
Mayor Dan Murphy said it’s never been the city’s intent to eliminate parking spaces. – Joe Hendricks | Sun

Mayor Dan Murphy initiated Thurs­day’s discussion after learning that a group of potentially impacted business owners recently sent a petition to Gov. Ron DeSantis asking him to veto the city’s $250,000 funding request for the path extension project. The petition was also sent to Sen. Jim Boyd (R-Bradenton), Rep. Will Robinson Jr. (R-Manatee) and Manatee County Commissioner Kevin Van Ostenbridge, accompanied by a letter written by petition initiator and Ginny’s and Jane E’s Café owner Paul Foster.

Commission promises to preserve parking spaces
Concerned business owners attended the March 28 city commission meeting.- Joe Hendricks | Sun

Foster’s letter expressed concern that 13 parallel parking spaces in the vicinity of Palm, Magnolia and Spring avenues would be eliminated if the multi-use path is extended along the same side of the street as the existing path. Accommodating pedestrians, joggers, bicyclists, strollers and more, the path currently extends from the entrance of the city to Willow Avenue and connects to a multi-use path in Holmes Beach.

Commission promises to preserve parking spaces
The multi-use path currently extends from the city entrance to Willow Avenue. – Joe Hendricks | Sun
Commission promises to preserve parking spaces
The multi-use path currently ends at Willow Avenue. – Joe Hendricks | Sun

In November, the city’s $250,000 funding request was submitted to the Florida Senate and the Florida House of Representatives via Senate local funding initiative request #1512, sponsored by Boyd, and House fund­ing request form, HSE form #2599, sponsored by Robinson.

“The funds will be spent to complete the multi-use path and drainage facility along Gulf Drive,” the Senate funding request form says. The Senate request form says the city plans to contribute $250,000 in city funds to the proposed project that is in the “construction” phase and “shovel-ready,” with an estimated fall 2024 start date and a summer 2025 completion date.

The House funding request form poses the following question: “Is there any documented show of support for the requested project in the communi­ty including public hearings, letters of support, major organizational backing or other expressions of support?”

The city’s response is: “Yes. Businesses, visitors and residents have all expressed a desire to see the current multi-use path expanded on Gulf Drive, from Willow Avenue to Magnolia.”

The House request form also poses this question: “Has the need for the funds been documented by a study, completed by an independent third party, for the area to be served?

The city’s response says, “Yes. George F. Young, Inc. has done a study on this as the engineering firm that is working on the project.”

Neither funding request form refer­ences parking or eliminating parking.

The commission has previously discussed extending the multi-use path as a desired future project, but to date no formal plans or completed studies have been presented to the city commission or the public.

As part of the still-pending Reimagining Pine Avenue safety improvement project, the commission previously discussed but took no action on the potential elimination of 50 or so parallel parking spaces located along Pine Avenue. Former commissioner Deanie Sebring and current commissioners Kathy Morgan and Gary McMullen have expressed support for eliminating those Pine Avenue parking spaces and that support contributed to the Gulf Drive business owners’ concerns.

COMMISSION DISCUSSION

On March 28, Murphy ad­dressed the petition and the business owners’ concerns previously reported by The Sun. He sought, and later received, commission consensus in support of not eliminating parking spaces to accommodate an expanded multi-use path and to possibly create more parking if possible.

“It has never been the city’s intent, nor is it now our intent, to eliminate parking spaces,” Murphy told the commission. “The author of this petition seems to think there’s no way to run the multi-use path to Magnolia unless you eliminate parking spaces. That simply isn’t true.”

Murphy mentioned three potential options that would preserve those parking spaces: extend the path along the other side of Gulf Drive from Willow to Magnolia, shift Gulf Drive over to create enough space to extend the path along the same of the street or relocate the existing parking spaces to the other side of Gulf Drive.

Foster recently told The Sun that Reimagining Pine Avenue project engineer Gerry Traverso told him in 2021 that due to the limited amount of available space in that area, extending the multi-use path would eliminate those existing Gulf Drive parking spaces. At the time, Traverso was contracted by the city through the George F. Young engineering firm referenced on the House funding request form.

“He never did work on this project because we’ve never had a study to address it. Traverso knew nothing about the multi-use path,” Murphy said.

“I would have appreciated at least a phone call before all these businesses signed a petition, so that I could clarify what the city’s policy is – not eliminating parking. When we submitted a document requesting a quarter million dollars to Sen. Boyd and Rep. Robinson in January, it said this project would be parking neutral, meaning we’re not eliminating any parking,” Murphy said.

The mayor was referring to a Jan. 8 email from City Clerk LeAnne Addy to the city’s lobbyist, Bethany McAlister, in response to a follow-up question about parking neutrality.

Commission promises to preserve parking spaces
Commissioner Gary McMullen supports the elimination of streetside parking spaces. – Joe Hendricks | Sun

McMullen asked Murphy why the multi-use path wouldn’t be extended to Pine Avenue and said, “It just doesn’t make any sense to me to stop at Magnolia when everyone wants to go to Pine.”

“It’s a matter of resources and money, so we take it a piece at a time,” Murphy responded.

Commissioner Mark Short acknowledged differing opinions have been previously expressed about eliminating the parallel parking spaces along Pine Av­enue, but he said it’s always been the commission’s intent to preserve those spaces.

“The last thing I want to see happen is the city lose any parking spots, especially in the commercial area,” Short said.

“I’m opposed to parallel parking on Pine because you can’t see around those cars,” McMullen countered.

PETITIONERS SPEAK

When addressing the commis­sion, Foster said, “I’m the one that started the petition. It wasn’t my intention to catch you guys off guard. It was my intention though to stop the funding for this funding request. The request is very black and white. It says, ‘businesses, visitors, residents have all expressed a desire to see the current multi-use path expanded from Willow Avenue to Magnolia.’”

Commission promises to preserve parking spaces
Ginny’s and Jane E’s owner Paul Foster addressed the city commission. – Joe Hendricks | Sun

Foster said he and the other business owners who signed the petition and attended Thursday’s meeting never expressed a desire to extend the multi-use path: “I just want to run my business and be a good citizen. This scared me because I do know the impact those parking spaces have.”

Commission promises to preserve parking spaces
Commercial property owner John Cagnina suggests rerouting bicyclists down Willow Avenue. – Joe Hendricks | Sun

John Cagnina is one of the owners of the building leased to Ginny’s and Jane E’s, Body & Sol Spa & Wellness and Snips Hair Salon, three of the seven businesses whose owners signed the petition. Cagnina also signed the petition.

He said eliminating those 13 spaces along Gulf Drive would be a catastrophe.

“Those parking spaces turn over two, three, four times a day,” he said, noting this can amount to more than 300 people using those spaces per day.

Cagnina requested the commis­sion instead direct bicyclists down Willow Avenue and away from the heavily-congested commercial district that lies ahead along Gulf Drive. He said it’s nerve-racking to drive through that area when bicyclists and pedestrians are coming from every direction.

In response, McMullen said, “The people won’t go down Wil­low and make a detour. They’re going to keep going right down Gulf with their bicycles.”

Cagnina said a designated bike path down Willow Avenue would be more inviting to bicyclists and might encourage more of them to use that alternate route.

“Right now, it’s just a road,” Cagnina said.

Before the commission reached its 4-1 consensus, McMullen said, “I’m against saying you can’t do anything to the parking spaces.”

Commission promises to preserve parking spaces
Available space is limited in front of Jane E’s and Ginny’s Cafe. – Joe Hendricks | Sun

After leaving city hall, Foster said, “I feel a tremendous amount of relief. All but one of them agreed they would not touch that parking. I’m happy with the outcome and I’m going to let the state know as well. This is not about politics, it’s about our livelihoods.”

Body & Sol owner Amanda Escobio agreed and said, “I’m relieved.”

Related coverage: Business owners oppose multi-use path extension

New state law impacts local ordinances

New state law impacts local ordinances

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

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.