State restricts local land use regulations

A new state law temporarily prohibits local governments from increasing building inspection fees.

BY JOE HENDRICKS SUN CORRESPONDENT | jhendricks@amisun.com

ANNA MARIA – The three city governments on Anna Maria Island are among the Florida cities now temporarily prohibited from adopting comprehensive plan or land development code amendments that are more restrictive or burdensome than their existing land use regulations.

On June 28, Gov. Ron DeSantis signed into law the committee substitute version of Senate Bill 250 and its matching companion bill, House Bill 7057. The temporary land use regulation restrictions created by the Florida Legislature and placed on local governments are just one component of the state legislation that provides approximately $61 million in state-supervised loans as part of Florida’s continuing recovery efforts from Hurricane Ian and Hurricane Nicole.

In May in anticipation of the new state law, the Anna Maria City Commission discontinued the short-lived pursuit of an ordinance proposed by city staff that would have placed greater local restrictions on multiple non-conforming lots located on a single property. City Attorney Becky Vose advised the commission to withhold any further action on the proposed ordinance until the final fate of SB 250 was known.

She also advised the commission that the proposed ordinance would subject the city to Bert Harris claims filed by some or all of the 37 impacted residential property owners. The Bert J. Harris Jr. Private Property Protection Act provides relief, including financial relief, for property owners aggrieved or inordinately burdened by the actions of a state, county or local government.

The new law created by SB 250 is set forth in section 553.80 of Florida Statutes and says: “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