The extension of Senate Bill 250 continues to threaten our local governance and the benefit of Home Rule. For a better understanding of Florida Home Rule read more: HERE
Last summer the Florida Senate passed a Bill (SB 250) blocking any and all ordinances passed by 33 Counties impacted by Hurricane Ian. The intent was to prevent residents rebuilding their private property from new restrictions that may be burdensome.
In the City of Naples rather than protecting our residents the government over-reach negatively impacts our local governance to advance the stated priorities of our citizens.
With its broad-brush approach, rather than interpreting individual ordinances to determine if they meet the goals of the Bill, any and all local action is prohibited by the Bill, even when not related to private property.
To the City of Naples this means blocking ordinances passed by Council over the last year and a half related to managing the intensity of commercial development, the #1 concern of residents in the City’s Vision Survey.
An ordinance providing historic transparency to and engagement by residents to commercial projects, an ordinance regulating parking allocations to prevent overly dense commercial development, and improvements Council has made to commercial planned developments (PDs) to bring their zoning allowances more in line with our building codes are all blocked by the Senate Bill.
Originally set to expire in 2023, the Senate and House amended SB 250 to extend the moratorium on Home Rule for two more years—until 2026 in 10 of the 33 original Counties, including ours. This effectively prevents enactment of any local governance until 2027.
At a recent City Council Meeting Councilman Christman called the move by the legislature, political.
Christman went on to say that to now take Senate Bill 250 it to 2027, in the darkness of night, in a special session with no advance input either asked for or
able to be provided to me is just egregious overreach. The Councilman pointed out that “we couldn't, even update our comprehensive plan like we're supposed to do; you go right down the line trying to trying to provide more protection for health, safety and welfare for and stormwater management, we can't do it. He affirmed that this could really, over the next several years, create some real problems for our residents, “they are going to ask us why don't you do this? Why don't you do that? We need help in this area, and we're going to be sitting here saying, I'm sorry, we can't do it.”
In August of this year Mayor Heitmann voted to seek clarification in the courts about the interpretation of the Bill. She was joined by Vice Mayor McCabe,
Councilman Hutchison and Councilwoman Petrunoff. Christman, Blankenship and Perry voted no. It appears Christman may be rethinking that action now
saying we must understand its legal aspects. However, Councilman Blankenship who is running to unseat Mayor Heitmann and who claims in his campaign materials to support Home Rule saying he would not tolerate such over-reach has not only voted against seeking clarification, but remained silent during the Council Workshop discussion on the topic.
Mayor Heitmann continues her unwavering objection to the over-reach. In addition to her support for clarification in the courts the Mayor directed the City Manager to develop a letter to the Governor on the over-reach, to create education materials on the topic for our residents and, following a suggestion by Councilwoman Petrunoff, directed Mr. Boodheshwar to develop a letter inviting President Senator Kathleen Passidomo to a public City Council meeting to discuss the Senate Bill and her reasons for supporting it. The Mayor has continued to advance transparency and resident inclusion in discussions on this and other matters of importance.