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.
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.
