The devil is in the details.
In the case of Senate Bill 250, the devil rears up in a subsection that could impact all of Anna Maria Island.
SB 250 relates to natural emergencies and was filed by state Sen. Jonathan Martin, R-Fort Myers, and includes $61 million in state appropriations for emergency assistance programs.
It includes $50 million toward the Local Government Emergency Revolving Bridge Loan Program and $11 million toward the Safeguarding Tomorrow Through Ongoing Risk Mitigation Act Revolving Loan Program.
The funding might be difficult for Gov. Ron DeSantis to veto the bill, despite other ramifications.
On its surface, SB 250 touches on numerous aspects of natural emergency management, such as temporary shelter, debris removal and permit time frames, as well as encourages local governments to develop emergency financial plans in the case of natural disasters.
However, 15 pages into the 18-page bill, the first subsection of Section 14 establishes regulations for any “county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall.”
Regulations for those local governments include:
- Prohibiting the proposal or adoption of any moratorium on construction, reconstruction, or redevelopment of any property damaged by the hurricanes;
- Prohibiting the proposal or adoption of “more restrictive or burdensome” comprehensive plan amendments, land development regulations, as well as site plan and development permit/order procedures;
- Voiding ab initio — from the start — “any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation, or procedure” retroactively through Sept. 28, 2022.
All three of the island’s cities are located within 100 miles of where Hurricane Ian made landfall at Cayo Costa and would be impacted by the subsection.
Attorney Nancy Stuparich of the Winter Park-based Vose Law Firm, filled in for city attorney Becky Vose at a May 25 Anna Maria City Commission meeting and discussed the potential impact.
Stuparich said the use of “more restrictive and burdensome” language in section 14(1) was “somewhat subjective,” which could lead to legal quandaries until case law on the matter is established.
“Some governments are trying to move forward with their ordinances, and this is somewhat putting a damper, or a stop to it,” Stuparich said. “So there will be more discussion, if not litigation, about what these terms mean.”
SB 250 also would require the city to conduct a review of its adopted comp plan amendments or land development regulations since Sept. 28, 2022, to determine if they were “more restrictive or burdensome,” according to Stuparich.
If such amendments or regulations are determined to be more restrictive or burdensome, they would become null and void.
Stuparich said section 14 of SB 250 would expire June 30, 2025, easing its impact on municipalities.
The bill passed both chambers before the end of the legislative session in May.
The House of Representatives voted 109-4 April 26 to approve a final version of the bill.
SB 250 went back to the Senate, which voted 39-0 May 1 to approve it.
The bill was ordered enrolled for presentation to DeSantis but had not been transmitted to the governor as of June 4.
Since the legislative session ended, DeSantis will have 15 consecutive days from the bill’s transmittal to either sign or veto the proposed legislation.
There is no state law setting a timeline for a bill’s presentation to the governor for consideration.
The bill automatically passes if DeSantis takes no action within 15 days of its presentation.
Lobbyist Matthew Blair of the Tallahassee-based Corcoran Partners said May 25 that the governor has acted quickly on many bills presented to him so far, often within 48-72 hours after transmittal.
The Legislature can override a governor’s veto by achieving a two-thirds vote in each chamber.
If SB 250 receives the governor’s signature or is vetoed but overridden by the Legislature, its effective date is July 1.
Section 14(1) of Senate Bill 250
The subsection states, “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, to the extent that those terms are defined by s. 163.3164, Florida Statutes, before October 1, 2024, and any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation, or procedure shall be null and void ab initio. This subsection applies retroactively to September 28, 2022.”
— Ryan Paice
No movement on HB parking garage bill
A month has passed without action on a bill that would allow Manatee County to build a parking garage in Holmes Beach.
House Bill 947, filed by state Rep. Will Robinson Jr., R-Bradenton, finished its passage through the Legislature May 4 but it had not been presented to Gov. Ron DeSantis for consideration by June 5.
HB 947 would override a city code that prohibits multilevel parking facilities within municipal limits by allowing the county to construct such a structure without obtaining permits or approval from the city.
Upon presentation to the governor, DeSantis can sign or veto the bill, or take no action and allow it to become law after 15 days.
There is no state law setting a timeline for a bill’s presentation to the governor. So it’s unclear when the 15-day clock will start ticking.
People can call DeSantis’ office at 850-717-9337 or email the governor at governorron.desantis@eog.myflorida.com to express their opinions about the bill.
