by Beth Kassab | Apr 24, 2026 | City Commission, News, Zoning and Development
Preempted Again. New FL Law Prohibits Cities from Protection Against Damage from Internet and Cable Companies
Plus, the ordinance allowing construction of five Habitat for Humanity homes in partnership with Orange County Public Schools gains first necessary approval
April 24, 2026
By Kathryn Brudzinski
Winter Park Mayor Sheila DeCiccio expressed frustration this week that the state government is, once again, impeding the city’s ability to govern itself.
This time officials said they had no choice but to toss out a pair of ordinances designed to protect city roads, pipes and other assets from damage that sometimes occurs when communications companies such as AT&T or Spectrum run underground lines.
The new rules, which were scheduled to be voted on by the City Commission this week and would have required a bond from communication companies to pay for potential damage to the public right of way, were modeled off similar ordinances in Winter Garden.
City pipes, irrigation systems and roads often take on damage when the private companies move overhead lines underground or install new lines.
But Gov. Ron DeSantis signed Senate Bill 488 into law on Tuesday.
The bill includes a provision that limits cities like Winter Park from enacting financial protections against damages and other requirements on communication companies. As a result, both Ordinance 455 and Ordinance 456 are now unable to move forward, leaving the city with no choice but to find another way to protect itself.
DeCiccio said it can often be difficult for the city to seek financial restitution for broken pipes and other problems that occur from the private companies’ construction. According to the staff report, Florida statutes previously allowed municipalities to hold utilities “responsible for any damage resulting from the installation or maintenance of such facilities.”
“However, the governor signed Senate Bill 488 just yesterday and that won’t allow this,” DeCiccio said. “So, we’re going to go back to the drawing board and see what we can do.”
Ryan Mathews, a lobbyist who represents Winter Park and other cities in Tallahassee, provided commissioners with an update on the recent legislative session and said the limitations on city governments was ”tucked” into a large transportation bill and hadn’t received much discussion.
“It’s not a problem unique to Winter Park,” Mathews, of the GrayRobinson firm, said. “We hear quite often that contractors who cause damage are very slow to, if at all, ultimately pay for that damage. It’s certainly an issue that is ongoing.”
In Tallahassee, he added, larger bill packages often see provisions placed in the latter part of the legislative session at which point “there is very little that can be done about it.”
Still, DeCiccio questioned what the city could’ve done to combat the efforts of communication company lobbyists to include the provision if it’d been known about ahead of time.
“We could have made calls, we could have had you lobby on our behalf, because this is really bad for the cities,” she said. “This isn’t just Winter Park, this is all cities. This is terrible for us, it does nothing to help us.”
In recent years, the Florida Legislature and DeSantis have taken other steps — often referred to as preemptions — to limit the powers of local governments. Cities and counties can no longer protect the rights of residential renters, can’t enforce worker protections such as rules to prevent heat stroke for those who labor outdoors, must enforce a statewide ban on homeless people who camp in public spaces and can no longer regulate the use of Styrofoam products or artificial turf.
Habitat for Humanity and OCPS housing project nets first approval
Commissioners unanimously approved a zoning change this week to allow five Habitat for Humanity homes for public school employees to be built on the former Orange Technical College campus.
Habitat for Humanity of Winter Park-Maitland will be responsible for the development of five houses on the back end of the property along Webster Avenue still owned by the Orange County School Board.
The move is part of a greater effort by Orange County Public Schools to offer affordable homes to workers faced with the county’s housing crisis. ,“The plan would be to divide that area of the property into five single family lots,” said Planning and Zoning director Allison McGillis. “The only hiccup with the proposal is that within the PQP zoning district, detached single family zoning units are not permitted. So, the Commission gave direction to staff to move forward with this ordinance.”
In addition to the zoning change to allow the homes to be constructed, the Winter Park City Commission also offered up to $200,000 in funding for funding of water, sewer and other utility infrastructure for the property. The money had originally been allocated to help Habitat acquire new lots for homes, but the commission pivoted to the partnership with OCPS as a result of soaring land prices in Winter Park.
Jeff Briggs, the city’s former planning director who serves as treasurer for the local Habitat organization, said the project is moving along and explained its lease would cover much of the information commissioners may still have queries about.
“It’s the lease that answers your questions — it commits this property only to be used for homes owned by Orange County public school employees,” Briggs explained. “So if it’s time to sell, then they’re going to sell and recycle to other Orange County public school employees. They also have to remain income qualified, which means they’re not going to sell for half a million dollars, because the income qualified person couldn’t afford that.”
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by Beth Kassab | Apr 20, 2026 | City Commission, News, Zoning and Development
Could New Garage Near City Hall Solve Park Avenue Parking Woes?
City officials recently agreed to explore a public-private partnership to build a garage to alleviate perceived shortage of spaces in business and shopping hub
April 20, 2026
By Beth Kassab
Winter Park will put out a call for ideas to build a new multi-story parking garage near City Hall, the latest step in the city’s chase to solve what many consider to be a parking crunch near Park Avenue where street parking has traditionally been free.
The decision resulted from a discussion earlier this month at a meeting of the Community Redevelopment Agency board made up of all five elected city commissioners plus Hal George, the luxury custom homebuilder who serves as the agency’s appointed community representative.
At least one developer has already approached board members with a public-private partnership concept for a garage that could add 360 spaces behind City Hall, said City Manager Randy Knight.
Knight did not discuss details of the plan, but suggested the city could put out a call for competitive proposals as “a solution to help bridge the funding gap” that has prevented earlier pushes for garages from going forward.
George, founder of Parkland Homes as well as the local Habitat for Humanity, said he’s been around long enough to have seen his share of parking studies and doesn’t recommend another one.
As an employer near the avenue, he conceded that employee parking is part of the problem. But he’s still against adding paid meters to spaces, a move the city has long considered a nuclear option because of strong opposition.
“I don’t know why we wouldn’t at least explore the public-private partnership,” he said.
Knight said there was a proposal to add paid parking meters on Park Avenue around the time he arrived in the city in the 1990s and staff were “run out of town on a rail.”
He equated discussions about paid parking on the avenue to being as heated as debates about brick streets and dog parks. In Winter Park, that means white hot.
Mayor Sheila DeCiccio noted that the city already has two pieces of land that could be used for a garage — the lot behind City Hall and one near the train station.
She expressed frustration that Orange County officials have been unwilling to allow Tourist Development Tax dollars, the 6% surcharge on local hotel rooms that brought in another record $38 million in February alone, to help pay for the garage.
“I’ve said, ‘We’re the No. 1 tourist destination after the attractions … we’re the city of arts and culture’ and they’ve said no,” DeCiccio said, adding that she doesn’t believe any federal or state grants are available for the project.
She also said she is in talks with SunRail to provide more weekend service during special events like the art festivals, but the commuter rail system is still a long way off from regular weekend service to help alleviate some of the busiest days of the year.
DeCiccio said she tried to find a way to use empty spaces in the Bank of America garage and one near Panera Bread, but the owners have pledged those spaces to tenants so those discussions proved unproductive.
She said the clear choices are to enter a public-private partnership, issues bonds for the construction or somehow charge for parking with potential exemptions for residents.
But there was clear support for exploring that option over issuing bonds or charging for parking.
The group did not discuss specifics of what that deal may look like.
Commissioner Kris Cruzada said he’s noticed a worsening shortage of parking even on the north end of Park Avenue as he picks his son up from school.
“People are parking on Cole and Whipple [avenues] … you used to not see that and now I’m seeing more of it,” he said.
He said SunRail or even self-driving cars could eventually alleviate some pressure, but for now he wants to make sure visitors to Winter Park have a positive experience.
“We’re in such a tight margin of error that can make or break the impression of what people feel when they come to Winter Park,” Cruzada said.
Commissioner Warren Lindsey agreed that the lot behind City Hall is the most logical space for a garage. And he suggested the commission consider murals, artwork and ways other cities have helped parking garages blend with the local aesthetic.
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by Beth Kassab | Jan 7, 2026 | City Commission, News, Zoning and Development
Mixed-Use Development Proposed for DePugh Nursing Center Site
The new project by Z Properties will include commercial and residential elements on the prominent corner of Morse and Pennsylvania. The nursing center closed last year.
Jan. 7, 2026
By Beth Kassab
The Gardens at DePugh Nursing Center, which closed in the fall after 70 years, will be demolished and replaced with a “flexible, mixed-use environment offering modular opportunities to purchase space” along with a residential component, according to an announcement on Wednesday by Z Properties.
The Winter Park-based development and design firm led by Zane and Emily Williams said in a news release that the residential portion is still in the early planning. The commercial part of the development will look for a mix of “professional, creative, retail, hospitality and service-oriented businesses, with generous ceiling heights, thoughtfully-designed interiors and flexibility to support a range of uses.”
Zane Williams, who did not immediately respond to an interview request, acknowledged the prominence of the corner at 550 W. Morse Boulevard near Pennsylvania Avenue, and the potential for the new buildings to “set the tone” as visitors enter downtown Winter Park via Morse.
“Our goal here, as always, is to develop with intention and care, and to add beauty to our surroundings,” Williams said in the release. “This is a special corner, and we feel a responsibility to create something locals and visitors will pass by and think, ‘That feels right.’”
The new development will bring further change for the historically Black neighborhood west of Park Avenue that dates back to the city’s founding. The area has undergone significant gentrification over the past 25 years with the redevelopment of Hannibal Square and a number of larger homes replacing small, single-story houses.
The DePugh center opened in 1956 as the first state-approved nursing home where aging Black residents could seek care during segregation. The center was named for Mary Lee DePugh, who moved to Winter Park in 1937 to work for a white family she knew from the Chicago area and began advocating to provide health care to those in need as part of her work with the Ideal Woman’s Club, which she founded on the west side of the city. She died before the center opened.
Leaders of the Center decided to close it because of rising operating costs.
Z Properties applied for a demolition permit in October, said city Planning & Zoning Director Allison McGillis. The permit is likely to be approved because the building is not historically designated.
A representative of the firm said renderings of the proposed project will be available in the coming months.
A portion of the Palmetto Grove work spaces by Z Properties near Seven Oaks Park. The project, which refurbished older buildings, recently won praise from City Commission members. (Photo courtesy of Z Properties)
Williams said in the release that one unique aspect of the plan will be the option for business owners to also own a physical space.
“There are so many business owners who dream of designing and owning their own building in the same way people dream of building their homes,” he said. “Ownership allows you to establish permanence, identity, and control of your space — this project is about making that a reality.”
Z Properties is partnering with Stream Realty on the development.
“It’s exceptionally rare to come across the opportunity to own custom-designed commercial space in Winter Park,” Darryl Hoffman, executive vice president at Stream Realty, said in the news release. “We’re thrilled to partner with Zane on this first-of-its-kind development for the area.”
Z Properties recently received praise from the City Commission related to its makeover of workspaces near Seven Oaks Park known as Palmetto Grove along Palmetto Avenue. The buildings were refurbished to have an elevated, high-end look not far off of Orange Avenue where the city is working to improve one of its gateways.
The release said the team is aiming for completion of the project on the DePugh site in 2027 and will unveil its name and more details in the near future.
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by Beth Kassab | Dec 12, 2025 | City Commission, News, Uncategorized, Zoning and Development
Via Tuscany Homeowner Owes More Than $300k in Code Fines
Construction on the house began in 2018 and just concluded this year, prompting repeated complaints by neighbors
Dec. 12 , 2025
By Beth Kassab
The owner of an ultra modern mansion on the corner of Via Tuscany and Howell Branch Road owes more than $331,000 in code enforcement fines after the City Commission refused the man’s request to eliminate the fines he accumulated during nearly seven years of construction.
Fernando Bermudez, the owner of the home through Casselberry-based Developer and Builder Group LLC, told city officials in a letter dated Sept. 5, 2025 that the drawn-out construction timeline was the result of complications brought on by COVID-19, which killed one of his partners, and Hurricane Ian, which struck in September of 2022.
A snapshot included with Winter Park code enforcement documents shows a notice of violation posted in front of the home.
But the construction process at 2661 Via Tuscany started long before those events when the first permit was granted by the city in September of 2018. The certificate of occupancy for the 4-bedroom, 4,500-square-foot house was finally issued in July of this year.
Bermudez, who attended the City Commission meeting on Wednesday, said through his attorney that he was unaware of the fines and blamed a number of problems on his contractors, which changed repeatedly during the project.
But Gary Hiatt, building and permitting director, showed commissioners minutes from a Code Enforcement Board hearing in November of 2022 that showed Bermudez was in attendance and spoke along with a contractor about the timeline of the project. At that meeting, the board ordered that fines of $250 a day per violation would begin accumulating if the house wasn’t completed in 60 days, according to records.
“There were multiple times where they gave us, ‘We’ll be done by here or we’ll be done by here,’ and it just never came to fruition,” Hiatt said.
Violations, which included allowing permits to expire without completing the project and failing to meet deadlines, went on in at least one case for more than 900 days and, in another, more than 300.
“The incomplete vacant structure remains a public nuisance,” the code board concluded in a March 23, 2023 order that said fines would continue and the city would place a lien on the property.
In his letter to city officials to request the fines and lien be eliminated, Bermudez claimed ignorance about the existence of the fines and detailed how construction materials ordered from Europe were delayed by the pandemic as well as how the project was impeded by his own illness and the loss of his partner to the virus.
A Realtor.com listing for the property, which is now up for sale for $6.6 million (more than $1,400 per square foot), boasts of two primary suites (one on each floor), lighting fixtures from Greece, Italian porcelain flooring and “unparalleled craftsmanship, high-end finishes, and an open-concept layout for those who appreciate architectural brilliance and luxury living.”
The house, “follows commercial-grade construction standards, making it a bunker-style fortress unlike any other,” according to the listing.
But Bermudez wrote that the amount of the fine is “a debt impossible for us to pay.”
He said “the real estate market is now extremely slow” and he faces potential foreclosure by a private lender.
But commissioners said they didn’t hear any good reasons to reduce or eliminate the fines.
“These are legitimate fines in my opinion,” Commissioner Craig Russell said, noting that Bermudez’s company had developed other houses so should have had some familiarity with the process.
Russell and Commissioner Warren Lindsey also noted how the lengthy construction process affected the neighborhood.
Neighbors complained to the city about the project repeatedly, citing the unfinished work, debris and other violations.
“Overall, the process has been unprofessional (single workers showing up after hours or on weekends as if the whole project is some sort of shady after thought), unnecessarily drawn out and damaging to our property,” one neighbor wrote the city.
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by Beth Kassab | Dec 11, 2025 | City Commission, News, Zoning and Development
Up to Eight Billboards in Winter Park to be Removed
The concept of a deal approved by the City Commission calls for four new billboards along I-4 while eight billboards along surface roads come down
Dec. 11, 2025
By Beth Kassab
For years, Winter Park officials have wanted to rid the city of billboards — considered by some to be analog roadside spam — and this week brought the first step in taking down as many as two billboards on Fairbanks Avenue, four of the structures on Aloma Avenue, one on Lee Road and one on Interstate 4.
City commissioners voted 5-0 to approve the concept of a deal that will require a series of land swaps and annexations and the permitting of four new billboards along I-4 in exchange for the eight other signs coming own.
“We’ve been working for many, many many years to try to eliminate as many billboards in the core of the city,” City Manager Randy Knight told the commission.
The terms call for:
- Clear Channel Outdoor will remove two billboards at 1873 and 2095 Fairbanks Avenue and one at 2522 Aloma Avenue. All three of those signs are double-sided. In exchange, Winter Park will issue a permit for Clear Channel to construct a new billboard at 2600 W. Fairbanks with a digital sign facing westbound I-4 traffic and a static sign facing eastbound traffic. Clear Channel would also remove a three-sided billboard at the southeast corner of I-4 and Lee Road. It would be replaced by a new billboard about 300 feet to the south, which will require a property swap with the city. The property swap could come before the commission as early as January.
- The Lamar Company will remove a digital billboard at 1621 Lee Road and the city will permit a new digital billboard at 909 N. Wymore Road. This means the city will also need to annex a portion of land for the structure.
- Outfront Media will remove three billboards at 2090, 2145 and 2431 Aloma Avenue. The city will issue a permit for a new digital billboard at 1885 Dartmouth Avenue. The city must annex several properties on Dartmouth to make that portion of the deal happen.
Mayor Sheila DeCiccio asked if Clear Channel could also remove a billboard on U.S. 17-92 and Gay Road. The company would not agree to remove it but said it would replace the digital side of that billboard with a newer technology that creates less light pollution.
“We definitely want that,” DeCiccio said of the upgraded features.
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by Beth Kassab | Nov 12, 2025 | City Commission, News, Zoning and Development
Backyard Palm Trees on Lake Spark a Pricey Legal Battle in Winter Park
A homeowner is suing the city over a decision that the height of his landscaping must be limited to help maintain the lake view of his neighbors
Nov. 12, 2025
By Gabrielle Russon
A fight over two palm trees has cost the city of Winter Park nearly $29,000 in legal fees so far.
Jonathan Cole, the owner of a newly constructed 5,300-square-foot home at 721 Virginia Dr., filed a legal challenge to keep a pair of backyard palm trees that his neighbors say impede their view of Lake Virginia.
Cole is asking Orange Circuit Court to overturn a decision by the city — and a construction condition Cole originally agreed to — that limits landscaping behind his house to less than six feet in height.
Winter Park spokeswoman Clarissa Howard said in a statement, “The case has been fully briefed and is in the hands of the three-judge panel for a ruling. We have been given no indication as to when that ruling might be issued.” She said no settlement talks are currently underway.
Cole’s attorneys did not respond to a request for comment for this story.
A photo of Cole’s backyard included in the court file shows the palm trees in question.
Cole argued he should be allowed to keep his trees since his interpretation of the Planning & Zoning Board’s decision is that the height limit doesn’t apply to his entire backyard, only the property line.
“This is a case of local government overreach and cries out for reversal,” he said in his February court petition. “Almost every single home on Lake Virginia has either very large trees on or near its property line running down to the lake or very large privacy hedges — and this includes the eastern neighbor who’s the one that complained about this.”
The tall, skinny palm trees don’t ruin anyone’s view, Cole’s legal team said when the issue went before the Winter Park City Commission in January. But several city officials said they were concerned about setting a precedent to allow the palm trees and unanimously voted to uphold the P&Z Board’s 2021 decision. Cole then filed a circuit court challenge.
Winter Park officials said the six-foot limit is reasonable to protect his neighbors, and Cole had been given more than his fair due process.
With the approval of P&Z, Cole “got everything that he asked for (all the square footage, construction closer to the lake, all the coverage of property, etc.) but was merely required to be considerate of his neighbors by restricting the height of the landscaping behind his home to no more than six feet,” the city said in an August court filing in response to Cole’s complaint, which is part of the hundreds of pages of court records.
The city also pointed out that Cole and his attorney both agreed to the six-foot requirement at the time in 2021. Cole missed the 30-day window to challenge the P&Z decision.
Construction was delayed on Cole’s house, and the lakefront landscaping was finally installed last year. That’s when his neighbor alerted the city about the two palm trees and overgrown holly shrubs.
Cole maintained he was in compliance, while the city called the plantings a violation of the original agreement.
Both Cole and his neighbors made emotional arguments to the City Commission earlier this year.
Neighbor Michelle Randolph said Cole already received special permission to build his home and now he wanted more.
“He was granted a major privilege to be able to build a house of this size and to be able to shift the house against the code … towards the lake,” Randolph told commissioners in January, according to court records. “This is what we were given as residents — just the common courtesy of please don’t plant anything over six feet. Like, you’re getting the house you want. You get to move it towards the lake. Please don’t plant anything over six feet.”
She insisted the palm trees did affect her lake view — even more so because of the house’s ultimate location.
Cole said he was exhausted by the construction process and has worked to satisfy his neighbors.
“Clearly I’m being painted as this guy that’s built a privileged monstrosity,” he told city leaders. “I’ve tried to be neighborly. I’ve tried to have discussions.”
When construction started, his daughter was 12; now she is 16, he said. Cole bought the vacant lot in 2020 for $2.1 million, according to Orange County Property Appraiser records. The property’s value was assessed at about $3.8 million this year.
“I’m sick of dealing with the stress of building a house,” Cole said. “At this stage, I want to be done with it. I don’t have time to fight this forever. I’m shocked that I’m here talking about palm trees.”
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