ANNA MARIA – The mayor and city commission are asking Gov. Ron DeSantis to veto Senate Bill 620, also referred to as the Local Business Protection Act.
The commission took this action when adopting City Resolution 22-777 on April 14. As of April 18, DeSantis had not yet signed SB 620 into law, nor had he vetoed the proposed legislation.
If signed into law, the Local Business Protection Act would authorize certain businesses to claim business damages from a county or municipality that enacts or amends certain ordinances or charter provisions that results in lost revenues.
The proposed state law was sponsored by Sen. Travis Hutson and supported by the majority of the Florida Senate and House of Representatives. Representing Manatee County, Sen. Jim Boyd and Rep. Will Robinson Jr. both voted in support of the legislation.
Senate Bill 620 proposes: “A private, for-profit business may claim business damages from a county or municipality if the county or municipality enacts or amends an ordinance or a charter provision that has or will cause a reduction of at least 15 percent of the business’ profit as applied on a per location basis of a business operated within the jurisdiction; and the business has engaged in lawful business in the jurisdiction for the three years preceding the enactment of or amendment to the ordinance or charter.”
According to the adopted city resolution first suggested by Commissioner Robert Kingan, “Senate Bill 620 allows businesses to threaten local governments with lawsuits paid for by taxpayers. Senate Bill 620 will lead to a number of financially motivated and malicious lawsuits, costing local governments millions annually because local governments will be forced to increase taxes or reduce services to cover legal fees. Senate Bill 620 would hinder the governing body at the local level and would overall be detrimental to communities. Senate Bill 620 can provide national companies with the ability to exploit the bill for their advantage against local ordinances.”
In closing, the city resolution says, “The city of Anna Maria hereby urges the Honorable Governor Ron DeSantis to veto Senate Bill 620.”
The city’s ongoing opposition efforts also include a request for concerned citizens to email DeSantis using form letters provided on the “Take Action” page at the Home Rule Florida website.
ANNA MARIA – As the Florida Legislature winds to a close, city officials are watching several bills closely.
The 60-day 2022 legislative session began on Jan. 11 and was scheduled to end its 3-day extension on Monday, March 14.
Anna Maria officials remain concerned about legislation that, if signed into law by Gov. Ron DeSantis, would allow businesses to sue cities and counties for lost revenues incurred as a result of local governmental actions.
They’re pleased that legislation failed that would have capped vacation rental registration fees and legislation that would have required city and county governments to prepare a business impact analysis before adopting a new ordinance.
The Legislature also appears to support two state appropriations requested by the city of Anna Maria for a total of approximately $1.4 million.
State appropriations
During the March 10 city commission meeting, Mayor Dan Murphy said state legislators supported the city’s $1.28 million request for state funds to assist with the Reimagining Pine Avenue sidewalk, crosswalk and lighting improvements. Murphy said current and future funding requests for the Reimagining Pine Avenue project could eventually total $5 million, depending on what that project ultimately entails.
State legislators also supported the city’s $207,450 request to help develop a plan for a new and extended Lake La Vista jetty. Murphy said the jetty would extend further out into Tampa Bay and alleviate the need to dredge the channel entrance every two or three years at an average cost of $200,000-$300,000.
Murphy said the initial jetty funds would be used for design and engineering. Future funding requests for the construction of a new jetty could potentially bring the total project-related funding requests to about $3 million, he said.
Murphy noted both funding requests are subject to DeSantis’ budgetary approval.
“Nothing’s a done deal, but our lobbyist feels very confident the governor will sign them,” Murphy told the commission.
Commission Chair Carol Carter said two other legislative acts, if supported by DeSantis, would return more control to local municipalities regarding tree removals and tree protections and would also allow cities and counties to ban smoking on public beaches.
Local Business Protection Act
Senate Bill 620 and its matching bill in the House of Representatives were adopted by the majority vote of the respective legislative bodies. If signed into law by DeSantis, this legislation would allow businesses to sue city and county governments for lost revenues resulting from the adoption or amendment of local ordinances or charter provisions.
According to the matching bills adopted by the Senate and House, “A private, for-profit business may claim business damages from a county or municipality if the county or municipality enacts or amends an ordinance or charter provision that has or will cause a reduction of at least 15 percent of the business’ profit, as applied on a per location basis within the jurisdiction, and the business has engaged in lawful business in the jurisdiction for the three years preceding the enactment of or amendment to the ordinance or charter.”
The proposed Local Business Protection Act notes cities and counties would not be liable for business damages caused by an ordinance or charter provision that’s required to comply with state or federal law; local emergency ordinances or orders adopted under the State Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days; an ordinance or charter provision relating to growth policies, county and municipal planning and land development regulation, or an ordinance or charter provision related to the adoption of a budget or budget amendment.
Representing Manatee County and a portion of Hillsborough County, Sen. Jim Boyd voted in favor of the legislation. Representing Manatee County, State Rep. Will Robinson Jr. also voted in favor of the legislation. If signed into state law, the legislation would take effect July 1.
Potential impacts
City Attorney Becky Vose said the proposed state law could make it more difficult for some cities and counties to regulate adult entertainment businesses and other less-desired business activities. She noted Anna Maria’s code of ordinances already prohibits adult entertainment establishments.
Regarding the legislation’s potential impacts, Murphy said, “The biggest potential impact is in the building department. We do all of our codes by ordinance. If we change an ordinance and a builder sees that it’s having an impact on his revenue, not only can the homeowner come after us on a Bert Harris claim but then the builder can come after us.”
Murphy noted the proposed law, if enacted, would only apply to new ordinances, ordinance amendments or charter provisions and would not apply to existing city ordinances and charter provisions.
Mayor Dan Murphy expressed some concerns about the Local Business Protection Act’s potential impacts. – Joe Hendricks | Sun
Carter said a reduction of hours in which landscapers and other service providers are allowed to operate within the city could result in a business owner suing the city for lost revenues.
Through its Home Rule Florida website, www.homerulefl.com, the city of Anna Maria encourages concerned citizens to send emails or letters to DeSantis requesting that he veto the proposed legislation.
“It’s going to go to the governor’s desk, so we’re going to ask him to veto it,” Carter said.
Commissioner Robert Kingan suggested the commission, at a future meeting, adopt a city resolution to be sent to DeSantis in opposition of the proposed law.
Failed legislation
Senate Bill 280 proposed cities and counties be required to prepare a business impact analysis before adopting a new local ordinance or amending an existing ordinance. This failed legislation would have potentially subjected local governments to the significant costs associated with preparing budget impact analyses or paying outside firms to prepare them. The Senate bill also proposed making local governments responsible for the suing entity’s attorney fees if the suing party prevailed in court.
Another piece of failed legislation, Senate Bill 512, proposed the annual registration fee for vacation rentals be limited to $50 for an individual or $100 for a collective vacation rental registration.
Bradenton Beach appropriation
According to Bradenton Beach City Attorney Ricinda Perry, the state Legislature supports Bradenton Beach’s $3 million appropriation request. If approved by DeSantis, the state funds will be used for the ongoing efforts to underground utility lines throughout the city.
ANNA MARIA – City officials remain concerned about the potential ramifications of two proposed state laws pertaining to the adoption of city ordinances and the related recovery of attorneys’ fees.
They’re also concerned about proposed legislation that would limit annual vacation rental registration fees to $50.
Senate Bills 280 and 620 were both introduced by State Sen. Travis Hutson, a Republican from Palm Coast.
Sen. Travis Hutson has proposed legislation that could significantly impact city and county governments’ ability to adopt local ordinances. – Florida House | Submitted
House Bill 403 is the companion bill to SB 280 and was co-introduced by Rep. Mike Giallombardo, a Republican from Lee County, and Rep. Daisy Morales, a Republican from Orange County.
HB 569 is the companion bill to SB 620 and was introduced by Rep. Lawrence McClure, a Republican from Hillsborough County.
The two Senate bills work hand in hand with one another, as do the two House bills.
Bill language
Senate Bill 620 contains language that says, “A business that has engaged in a lawful business in this state for at least three years may claim business damages from a county or municipality if the county or municipality enacts or amends an ordinance or a charter that will cause a reduction of at least 15% of the business’ revenue or profit.”
According to the bill, a city or county would not be liable for business damages caused by an ordinance or charter provision that’s required to comply with state or federal law; for local emergency ordinances and orders adopted under the State Emergency Management Act; a temporary emergency ordinance that remains in effect for no more than 90 days or an ordinance or charter provision that increases economic freedom.
HB 569 contains similar language.
SB 280 works in unison with SB 620 by providing for the recovery of attorneys’ fees for lost business revenues.
As of Monday, the latest amended version of SB 280 contained the following language: “If a civil action is filed against a local government to challenge the adoption of a local ordinance on the grounds that the ordinance is arbitrary or unreasonable, the court may assess and award reasonable attorney fees and costs and damages to the complainant if successful. An award of reasonable attorney fees or costs and damages may not exceed $50,000.”
HB 403 contains similar language.
For a bill to become state law, matching House and Senate bills must pass through their respective committees, be supported by a majority vote of their respective legislative bodies and be signed into law by the governor.
Bills progressing
On Nov. 30, the Senate Judiciary Committee ruled favorably on SB 620 by a 7-4 margin. Republican Sen. Jim Boyd of Manatee County was among those who voted in support of the bill being ruled favorable and advanced to its next committee.
Sen. Jim Boyd has already voted in favor of Senate Bill 620. – Florida Senate | Submitted
SB 280 passed through the Senate’s Community Affairs Committee by a 6-2 vote and has been placed on the Senate Rules Committee’s Thursday, Jan. 20 agenda. Boyd is also a member of the Rules Committee.
As of Monday, both House bills were making their ways through their preliminary subcommittees.
City concerns
Anna Maria staff member Amy Moriarty serves as the city’s legislative liaison. Working with lobbyist Chip Case, Mayor Dan Murphy and City Attorney Becky Vose, Moriarty is closely monitoring the 60-day legislative session scheduled to end on March 11.
Moriarty provided the city commission with a legislative update on Thursday, Jan. 13.
“It’s not good. I’m sorry to say Senate Bill 280, after passing its first committee yesterday, was removed from one of its committees and has been fast-tracked,” Moriarty told the commission.
She said SB 620 was also fast-tracked.
City staff member Amy Moriarty is monitoring the legislative actions. – Joe Hendricks | Sun
“These bills are major preemption priorities for Senate leadership. What 280 and its House counterpart will do is remove your ability to set common set ordinances without publishing a business impact statement – and you have to publish the business impact statement at the same time that you post on the agenda that you will be considering an ordinance. Which means you have to have a staff member look at any impact the ordinance would have on businesses – not just the businesses here in your community, but businesses from outside of your community that would come in and do business here,” Moriarty explained.
She noted this legislation would pertain to the annual setting of the city’s property tax millage rate. She also said the city may have to hire an expert to provide business impact statements, and that expert may be called to testify in court if a business owner challenges a proposed ordinance.
“This is going to not only limit your ability as commissioners to set policy in the community, it’s also going to cost a lot of money,” Moriarty said.
Moriarty said there is unfulfilled hope that SB 280 and HB 403 will be amended in a manner that would require a business owner to first come before the city commission to express their concerns before filing a legal challenge.
Vacation rental bills
City officials are also concerned about two vacation rental bills, SB 512 and HB 325, which propose limiting annual vacation registration fees to $50 per unit.
Anna Maria’s 2021 annual registration fees were based on $58.52 per year for each occupant allowed. The registration fee for a one-bedroom vacation rental with two additional guests was $234. The annual fee for a six-occupant rental was $351, and $585 for a 10-occupant rental.
Call to action
Moriarty and Murphy urge residents and concerned citizens to contact state legislators and implore them to amend or abandon these harmful legislative efforts. Murphy said legislative staffs keep close tabs on the number of emails received in opposition or in favor of specific legislation and legislators are well aware of where public opinion stands.
“These are onerous bills, but we are not sitting back and wringing our hands saying the sky is falling,” Murphy said.
“There is a tool to fight back,” he added, in reference to the city-owned and managed Home Rule Florida website, which provides easy access to state legislators and provides templates for email letters.
