- The city of Holmes Beach is organizing a new fight against a new Florida law authorizing Manatee County to trump municipal home rule and build a parking garage at the beach.
City attorney Erica Augello told commissioners June 27 that she is exploring legal challenges against House Bill 947, a measure filed by state Rep. Will Robinson Jr., R-Bradenton, at the urging of Manatee County commissioners that allows county government to build a parking garage within city limits.
Republican Gov. Ron DeSantis signed the bill into law June 23, so the onus to pursue construction of a parking garage in Holmes Beach now falls to the county.
The law allows a parking structure on county-owned property within the municipality — such as Manatee Public Beach, 4000 Gulf Drive — without city permits.
The county has presented a concept for a $45 million parking garage that would be funded by tourist taxes and provide 1,500-1,700 paid parking spaces in place of the existing 400-space parking lot at the beach.
While the law allows the county to move forward without a city-issued permit, which should expedite the process, the bill was signed during the board of county commissioners’ summer recess, which began June 19 and will end July 21.
The county board will not meet until 9 a.m. Monday, July 24, at the county administration building, 1112 Manatee Ave. W., Bradenton.
In the meantime, the city will explore its options.
Mayor Judy Titsworth said she directed Augello to determine a legal challenge to HB 947 and to bring it to her and the city commission at a future meeting if she found the city had a “strong case.”
“I am prepared to draft that petition,” Augello said. “Time is of the essence. So I will do that as quickly as I can.”
Augello called for others to join in a potential lawsuit.
“There have been lawsuits in the past challenging state statutes or special laws where other groups besides local governments have gotten involved,” she said. “So if there are any groups out there who do have lawyers that would like to have legal recourse and like to join in the cities efforts — should they be taken — I strongly encourage them to do so.”
Augello said she would attend the annual Florida Municipal Attorneys Association conference the week of July 10 and discuss with Florida League of Cities representatives the organization’s potential involvement.
The city’s next meeting will be at 5 p.m. Tuesday, July 18, at city hall, 5801 Marina Drive.
People also can watch a live stream of the meeting on the city’s website, holmesbeachfl.org.
“We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.”
Apologies to Winston Churchill.
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