Fort Myers Beach council backs draft to bar land‑use approvals when property owes town fees

Council members on March 13 gave direction to advance a draft ordinance that would permit the town to withhold land‑use approvals when applicants owe debts to the town, with staff recommending the requirement apply at the land‑use approval stage rather than during the building permit process.

Nancy, town attorney, described the draft as an amendment to the land development code, citing proposed edits to section 34‑53: the ordinance would permit the town to require payment of outstanding fees and charges — “including but not limited to expenditures for noticing, advertising, additional professional services, outstanding utility bills, or code enforcement fines, or liens” — before reviewing an application or issuing a permit, except where review is needed for safety or code compliance.

When asked about litigation risk, Nancy recommended limiting the gate to land‑use approvals rather than building permits because the building permit process is governed by Florida statute and could raise preemption issues. “I have looked. I think you could do it, but why take the risk if you can accomplish the same thing, by making this requirement at, earlier in the process,” she told the council.

Council and staff also debated the scope of indebtedness that would trigger the restriction: whether liens or code fines on other properties owned by the applicant (including ownership through an LLC) should block approval. Staff proposed an owner affidavit listing properties and any liens rather than a town‑initiated title search, and recommended limiting the town’s inquiry to indebtedness attached to the property that is the subject of the application.

Councilmembers gave staff direction to draft the ordinance as discussed, send it back to the Local Planning Agency for further review and return it to council for two readings and public hearings if recommended.