Every year, our representatives go up to Tallahassee, where they are supposed to pass a budget and solve problems. Every year, they instead spend the 60-day annual session working on behalf of developers by waging war against home rule. This year, despite a clear mandate from their communities, the legislature passed the worst piece of such legislation yet, and every member of our delegation voted in favor of it.
On Friday, Gov. Ron DeSantis signed HB 399 into law, effectively stripping local governments of all authority to manage urban sprawl. Whereas a county's comprehensive land use plan used to be the primary means through which land use was governed, our lawmakers in Tallahassee have decided they (or rather their developer overlords) know best. And whatever is best for their bottom line, simply must be best for the communities they pillage.
The statute targets what it refers to as "agricultural enclaves." If a parcel of farmland is 50% surrounded by existing development, it is no longer considered agricultural and no longer requires a comp plan amendment to modify its zoning. Instead, there will be a streamlined certification process in which development is presumed compatible with the surrounding community and is automatically entitled to the same density as neighboring properties. So, if it's currently zoned Ag-5 (one unit per five acres) and the surrounding developments are Res-3 (three units per acre), then Res-3 it is.
The law essentially outlaws the concept of compatibility and even bans certain compatibility-related terms from being used in such decisions. It also puts counties (and their taxpayers) on the hook for providing expensive infrastructure. If an agricultural enclave is adjacent to the Urban Service Boundary where county water and sewer lines end, it must instead be treated as if it resides inside of that boundary. This forces the county to prioritize extending multi-million-dollar utility lines to these private tracts of land, and, remember, DeSantis and some lawmakers still want to use the upcoming special sessions to consider eliminating non-school property taxes altogether.
The law also restricts development application fees to the "actual administrative cost" of the review. Whereas large, complex projects once were assessed significant fees to offset the cost of planning staff, those costs will now also fall on the taxpayer. Yes, those are just two more ways current residents will be forced to subsidize the profits of billionaire developers, while their own needs and priorities continue to go unmet.
Senator Jim Boyd and representatives Will Robinson, Bill Conerly, and Michael Owen all voted in favor of this disastrous legislation because they fear billionaire developers like Carlos Beruff and Pat Neal more than they fear the votes of their constituents. Until that changes, Florida will continue to be chopped up and sold off for parts, until there's not another drop of juice left to squeeze from the proverbial orange. Paradise lost to the greed and avarice of old men with more money than they could ever spend.
Dennis "Mitch" Maley is an editor and columnist for The Bradenton Times and the host of our weekly podcast. With over two decades of experience as a journalist, he has covered Manatee County government since 2010. He is a graduate of Shippensburg University and later served as a Captain in the U.S. Army. Click here for his bio. Mitch's next novel, Fish Kill, is scheduled for release on April 20. His other books can be found here. He can be reached at editor@thebradentontimes.com.
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kmskepton
So deeply sad. I drove east on SR64 this past week. It’s been awhile since I have been in that part of the county. I came home so bummed. It’s all disappearing. I can’t believe how far inland the development is spreading. I especially feel for the people who moved “out there” only to find that the money-interests don’t give a damn about them. Who keeps voting in these lackeys?
Saturday, March 28 Report this
GLEN GADFLY GIBELLINA
Thanks for nothing again Tallahassee just like SB 180 you failed to do
We will fight this and here are some solutions with the help of my AI Gemini 3 deep in thing mode
1. The "Health and Safety" Moratorium (The Only Remaining Shield)
HB 399 and the 2025 hurricane-recovery laws (SB 180) heavily restrict moratoria, but they explicitly leave a narrow opening. Under the new law, a county can still enforce a moratorium or delay development if it is for the purpose of:
Stormwater or flood water management.
Potable water supply.
Necessary sanitary sewer capacity.
The Strategy: Instead of denying a project because it doesn't "fit the community character" (which the law now prohibits), the BOCC must base denials on documented technical failure. If the infrastructure—specifically drainage and water—physically cannot support the density, the county still has the police power to say "not yet."
can write an ordinance that says "all new Res-3 developments in this zone must provide 20% more on-site water retention than the state minimum" or "must include specific setbacks and step-backs to mitigate environmental runoff."
The Goal: By making the physical requirements for building in these enclaves extremely rigorous and expensive to meet, you naturally slow the pace and ensure the infrastructure is over-engineered for the density.
Leveraging "Extraordinary Circumstances" for Impact Fees
While Tallahassee has capped how much impact fees can be increased, HB 399 still allows for exceeding those caps if "extraordinary circumstances" are met.
The Condition: One of the triggers is if population growth exceeds high BEBR (Bureau of Economic and Business Research) projections. * The Strategy: Manatee County has been one of the fastest-growing regions in the nation. The BOCC should immediately commission a study to prove that the current growth rate has outpaced even the "high" state projections. This provides the legal standing to hike impact fees to the maximum, forcing developers to pay the true cost of the infrastructure they are demanding.
Change is coming
https://electglengibellina.com/
Saturday, March 28 Report this
sandy
Didn't vote for Conerly because when he was on the Planning Board you could tell he was a developer puppet. And he definitely doesn't listen to his constituents. His company makes a lot of money from developers.
Saturday, March 28 Report this
cusickr
The spread of fascism is evident here and in our nation’s capital. King DeSantis is not going out with a whimper. They must be voted out and laws rewritten. In the meantime residents will suffer and we will be leaving.
Saturday, March 28 Report this
GoodTimes1
It’s hard to call them Representatives.
Saturday, March 28 Report this
lib224
Yet people continue to vote for these Republican/developer lackeys. Owning the libs has its price.
Sunday, March 29 Report this
RobertY1
I grew up in Manatee County in the 50's and 60's. I'm glad to have known Florida when it was rural and agricultural. It certainly isn't anymore! Manatee County will all look like Moccasin Wallow Road eventually, I guess. Such a shame.
Sunday, March 29 Report this
graumli22
We moved to Manatee County ten years ago. Soon after we began car shopping, which involved test driving prospective vehicles. We live West of i75 off of SR 64. One test drive took us east of i75. We were stunned by the farmland and cow pastures along SR 64! It was like a breath of fresh air to be beyond the congestion on the other side of i75. We marveled that Crowders Hardware was seemingly in the middle of no where, but a thriving business. The sprawl happening in Manatee County, and its negative impact on our infrastructure and natural resources, is very alarming. And that reprentatives who live here have other agendas instead of listening to their constituents is maddening!
Sunday, March 29 Report this
pattybeenutty
When will you learn that Republicans only think about making money for themselves? They do not care about the environment, overbuilding, educating all of the children, caring for the poor who work two and three jobs due to our low hourly wages, and I can go on and on!
Wake up and vote for the Democrats, who care about all! We always have!
Tuesday, March 31 Report this