The city of Anna Maria has been under pressure for five months to resolve a large number of Bert Harris Jr. Act claims.
In an effort to quell the tide of Bert Harris claims against the city, commissioners voted 3-2 Sept. 8 to send out 28 offers, including 20 potential vacation home purchases amounting to more than $21 million.
Commissioners Nancy Yetter and Chuck Webb opposed the buyouts.
The Bert Harris Jr. Private Property Protection Act of 1995 allows property owners to seek relief if they can prove a government action lowered the value of their property.
Since April 1, when a vacation rental ordinance was adopted in Anna Maria limiting occupancy in short-term rentals, 64 claims have been filed against the city alleging more than $20 million in losses.
The claimants must provide appraisals to establish value, but settlements can either fully or partly restore the rights that existed prior to the prohibitions.
By law, the city has 150 days to respond to the submitted claims.
City attorney Becky Vose has brought numerous settlement suggestions to the commission — allowing more guests than the ordinance allows, but not fully restoring the unlimited number of guests allowed prior to the VRO.
The suggested offers, once approved by the commission, go to the claimants for approval. If denied, the next step can be the courthouse.
However, Sept. 8 was the first public meeting at which Vose suggested the city’s settlement offers include purchases.
In past discussions, Vose recommended the city offer the vacation homeowners an maximum occupancy rate of two guests per bedroom, plus two additional guests.
Of the settlements discussed at the Sept. 8 meeting, 20 include purchase offers in the event the owners reject the occupancy settlement. According to Vose, the offers are based on the claimants’ appraisals plus 1.5 percent.
The purchase offers — ranging from $639,450 to $1,898,500 — exceed the loss claims made by the complainants.
“I don’t know where we would get that money,” said Anna Maria city clerk Diane Percycoe.
“I’m coming from the standpoint that I don’t want to do anything to jeopardize solvency of the city,” said Commissioner Dale Woodland. “Frankly, this is the biggest issue I’ve ever seen hit the city of Anna Maria, period, and I’m perplexed as to why the vote is 3-2 instead of 5-0.”
Woodland expressed concern that the offers could fail, putting the cases in court, adding lawyer fees to an already insurmountable sum the city would owe if a judge rules in favor of the claimants.
“(The Bert Harris act) was designed only for developers,” Woodland said. “It doesnʼt help anyone else. It doesnʼt give anyone else anything.”
“I’m scared for the future of the city,” said Commission Chair Doug Copeland.
During discussion, Anna Maria Mayor Dan Murphy said he was considering the addition of a special assessment fee for owners of vacation rentals that would increase proportionally as occupancy increases.
“It’s perfectly legal,” Murphy said. “We’ve looked into it. It’s an option.”
Attempts to contact Murphy Sept. 11 for more information were unsuccessful.
All of this Bert Harris nonsense is over pool, poodle, and party noise. How many Magistrates Tickets were issued by code enforcement? With the new claims the “price” for the buyouts will be about 25,000 per household. That is if the buyouts are accepted. That can’t hurt too bad. Meanwhile the lawyer’s fees keep rolling in. Maybe its time for the city to re-think their position.