BRADENTON — The Manatee County Commission could be staring down a battle with the state and potentially other entities in their efforts to reverse policies enacted under the previous board. During a land use meeting on Thursday, commissioners were presented with the first tangible signs that there may be a fight ahead when forced to defer the adoption of an ordinance that would reinstate local wetland protections, followed by something of a warning shot that state law may be cited as preemption for another such policy reversal.
An agenda item up for board approval on Thursday was the adoption of Ordinance 25-14, a county-initiated comprehensive plan text amendment that would, if adopted, rescind changes that were made in October 2023. Those changes rolled back local wetland protection requirements by deferring to the less stringent state minimums.
As reported by TBT on Friday, commissioners voted on a continuance for the wetland policy reversal after state agencies, including the Southwest Florida Water Management District, the Florida Department of Transportation, the Florida Department of Environmental Protection, and the Florida Department of Commerce, provided written comments on the proposed comprehensive plan amendment, citing a 2023 state statute.
A state review process is initiated per state law when a county or municipality seeks to amend its comprehensive plan. Such reviews are required whether an applicant requests the comp plan amendment or if the local government itself initiates it.
Two hearings are scheduled before the local governing body to enact changes to the comp plan. First, a “transmittal” hearing is held, where a majority vote approves the measure to be sent to the state for review.
After multiple state agencies provide feedback on the proposed changes and potential impacts, those state agencies’ comments are returned to the local government, and an adoption hearing can be scheduled to bring the measure before the local governing body for final majority vote on adoption.
The comprehensive text amendment to reinstate local wetland protections was not the only such rescinding measure before Manatee County Commissioners on Thursday. While the wetland item was at its second hearing for adoption, the other item was scheduled for approval of its transmittal.
Both items were county-initiated comprehensive plan amendments, brought forward by staff under the board's direction.
Agenda item 13 was the scheduled transmittal hearing for Ordinance No. 25-17—the repeal of comprehensive plan policy 2.1.2.8.
Policy 2.1.2.8 allows for rezoning and development east of the FDAB when an applicant can show the proposed development is "contiguous and coterminous" to an existing master development. The policy was first adopted through a comprehensive plan text amendment in November 2021.
However, in 2023, Commissioner George Kruse began raising concerns about the policy, and in January 2025, newly elected Commissioner Carol Felts made a motion to direct staff to begin work on preparing an ordinance and comprehensive plan text amendment to repeal 2.1.2.8. The motion passed unanimously..
Like the prior board’s action to defer wetland buffer regulations to state minimum requirements, Comp Plan Policy 2.1.2.8 had been unpopular with the public, which broadly criticized it for allowing urban sprawl and large-scale residential development in an area of the county designated for agricultural and rural lands.
All four commissioners who were elected during the 2024 election cycle—Commissioners Carol Felts, Tal Siddique, George Kruse, and Bob McCann—had made campaign commitments that if elected, they would work to reverse some of the most unpopular policies enacted under the prior board.
Last week, the ordinance repealing the policy was brought before commissioners for approval before being transmitted to the state for review.
As staff began to position themselves to provide a presentation on the repeal of 2.1.2.8, including the policy's impacts and justifications for removal, Director of Development Services Nicole Knapp informed the board that a letter in opposition to the item had been submitted shortly ahead of the hearing.
Copies of the letter were provided to each commissioner, with Knapp stating that it had been sent by local land use and real estate attorney Edward Vogler of VoglerAshton PLLC, based in Lakewood Ranch, Florida.
The letter, dated the same day as the meeting, was addressed to Commission Chairman George Kruse and Development Services Director Knapp.
Writing on behalf of multiple corporate interests, Vogler asked in the letter that it be considered “a record notice of objection” to the proposed comp plan amendment.
As for the basis of the objection, Vogler wrote, “The owners content (sic) that the amendment is a more restrictive or burdensome amendment to the comprehensive plan and that adoption would be premature and in violation of applicable state law.”
Vogler's language was strikingly similar to that contained in Chapter 2023-349, Section 15, Laws of Florida, the same law cited in the comments returned by each of the state agencies that had reviewed the transmittal of the wetland protection comp plan amendment.
Signed into law by Gov. Ron DeSantis in 2023, SB 250 enacted certain restrictions on local governments within areas impacted by Hurricane Ian from adopting more restrictive comprehensive plan or land development regulations, among other things.
Chapter 2023-349, Section 15, reads in part:
(1) Due to the impacts of Hurricane Ian, Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee, and Sarasota Counties, and any municipality located within one of those counties, may not propose or adopt any moratorium on construction, reconstruction, or redevelopment of any property damaged by Hurricane Ian; 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, 2026, 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.
Following the staff presentation, two commissioners reacted to Vogler’s letter in defiance.
Commissioner Siddique opened the comments by stating, “The FDAB isn’t just some line on a map. It is the most fiscally conservative approach we have to ensuring responsible growth and responsible management of our county.
“One of the most concerning things to me is the letter, here, which is total bullshit in my opinion,” as he held the letter in his hand. “First of all, this is what developers really want to see: they want to have legal challenges.
“Not only do I take personal offense to the content, the matter, and the fact that this is pushing us toward a dangerously irresponsible financial position, but there are grammatical errors here. There are spelling errors here—from an attorney,” said Siddique. “That just shows how desperate and rushed these people are to ensure that we bend and kneel to the will of special interests rather than listening to our residents and voters.
“I don’t care what these people say, to be honest with you, this is what I think of this,” he added before ripping the letter in half.
Following Siddique’s comments, Commissioner Felts also tore the letter in half from the dais.
When put to a vote, the board approved the transmittal of the comp plan text amendment, 6-0, with Commissioner Ballard absent.
With the vote to approve entered, the text amendment is now on its way for review by some (if not all) of the same state agencies that just returned comments on the wetland policy reinstatement.
Given Vogler’s letter, it appears likely that even if the state does not reference the same legal provisions as cause for the board to abandon its attempts at repealing 2.1.2.8 as they did in response to the wetlands measure, private entities as listed in Vogler’s letter could be gearing up to bring suit against the county alleging violation of the same L.O.F., Chapter 2023-349, Section 15.
Besides the wetland protections and Policy 2.1.2.8, the most recently elected commissioners also committed to revisiting the previous board’s decision not to seek the full rate of impact fees once elected. So far, that process is moving forward, and a second required work session meeting for the initiative was also held on Thursday.
While raising impact fees will not require a state review before adoption, HB 337, signed into law by Gov. DeSantis in 2021, limits a local governing body’s ability to enact impact fee increases.
The measure, among other restrictions, prohibits local governments from raising impact fees more than once every four years or by more than 50 percent unless they can “demonstrate extraordinary circumstances.”
However, the statutes do not clearly define ‘extraordinary circumstances,’ which could make local governments that attempt to prove the standard vulnerable to legal challenges. Manatee County's impact fees were raised under the prior board last year, but at a discounted rate.
Another county initiative may also be impacted by state law. The county has been working through an ongoing process to update its overall comprehensive plan for almost two years.
Commissioner Mike Rahn raised the priority in January 2023 during a work session. He stated that he believed the comprehensive plan should be reviewed and updated.
In May 2023, the county contracted the services of Engineering Planning and Design Consultants Kimley-Horn to lead the initiative. Once complete, the updated comp plan will require transmittal to the state for review before its adoption.
With Chapter 2023-349, Section 15, L.O.F., effective through October 2026, any comprehensive plan changes viewed as more restrictive or cumbersome by the state, and submitted before the law's expiration, could also face challenges ahead of adoption.
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lib224
THIS is why we ran out the developer-owned creeps. Thanks for standing up for the rest of us.
Saturday, May 10 Report this
graumli22
Commissioners Carol Felts, Tal Siddique, George Kruse, and Bob McCann have my respect and sympathy for the hard fight ahead. They took on the miserable task of grappling with the inherited sins of their predecessor commissioners!
Sunday, May 11 Report this
David Daniels
I am hopeful, but keep in mind that, regarding the wetlands buffers, all the commissioners did was talk about fighting. We’ll see in a few weeks whether the state backs down but if not, I hope we see the real courage of defiance. Same with the FDAB line if the State objects. I heard hints of commissioners backing down out of fear the Governor will intervene and replace them. That would cause an uproar state-wide. Commissioners should not use that imaginary threat as an excuse to retreat.
Sunday, May 11 Report this
jghaft
Kudos to the board for standing up to these guys! The prior board sold our County down the river to the developers. Hang in there and keep up the good work!
Jim Haft, LBK
Monday, May 12 Report this