05-24-21 - Handout 2 - Mayor Glasserr)
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119 tr
May 18, 2021
The Ionorable Ron DeSantis
Governor, State of Florida
The Capitol
400 S. Monroe St.
Tallahassee, FL 3239940001
CITY OF ATLANTIC BEACH
OFFICE OF THE MAYOR
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
www.coab.us
Re: Veto Request for CS/FIB 403 HomeBased Businesses
Dear Governor DeSantis:
On behalf of the City of Atlantic Beach and its City Commission, I request that you veto CS/HB
403.
While Florida's cities support entrepreneurship, they bust balance the desire to operate a home
based business with the potential impacts on residential neighborhoods and residential property
values. Zoning is an inherent function of local government. The primary purpose of zoning is to
minimize incompatible uses and balance competing property rights. In practice, zoning is used
to prevent new development or uses from unfairly interfering with existing uses.
Florida's cities have crafted common°sense requirements regarding commercial uses of
residential properties. Local ordinances account for the differing impacts on residential uses
posed by specific business uses within a community. For example, low intensity uses such as
professional offices may be compatible with residential neighborhoods in some cases, while
high intensity uses such as a repair yard or a 24ohour gym may not be compatible under any
condition.
During this session, the Florida League of Cities engaged in good faith negotiations with
legislators and interested stakeholders to reach a reasonable compromise on homebased
businesses. The result of those efforts was reflected in the Senate bill CS/CS/SB 266.
Unfortunately, the final product pending before you in CS/HB 403 drastically departs from this
compromise. The bill was amended on the last day of session to remove essential elements
needed to properly balance the desire to operate a homebased business with the potential
adverse impacts on the property rights of surrounding homeowners.
Ivey provision supported by the League of Cities that were included in CS/CS/SB 266 but were
not included in CS/HB 403 include:
• The ability for local governments to set common-sense limitations on hours of operation.
CS/HB 403 prohibits local governments from regulating a home-based business differently
from other businesses in a commercial zone The hours of operation for a business in a
commercial district may not be appropriate for a business in a residential neighborhood.
• Residential setting where a home-based business operates rather than defaulting to the
same regulations used in commercial or industrial zones
• The ability for local governments to prohibit business activities from occurring within view
of the street.
The passage of CS/HB 403 was extremely contentious in the Florida Senate, where on the last
day of the 2021 Session, the bill narrowly passed on a 19-18 vote. In a clear violation of Senate
rules, three senators who were present in the Senate chamber failed to record a vote The Senate
subsequently requested the House return the bill to allow the Senate to take a valid vote. The
House adjourned sine die prior to responding to the Senate's request.
If allowed to become law, CS/HB 403 will be a significant preemption of Home Rule powers
and the ability of local government to balance competing property rights. Additionally, the bill
will void existing local ordinances or regulations that have tailored unique solutions to
homeowner and business concerns. For these reasons, the City of Atlantic Beach requests you
veto CS/HB 403.
Thanks you for your continued leadership and your consideration on this matter.
Sincerel
2-1 en Glasser
Cy? (6.-2C
Mayor, City of Atlantic Beach
Cc: City Commission