SB 180 Is Bad for Communities

Dear Member: We have heard from a number of you about the impact SB 180 will have on communities throughout Florida. We want to give you an update on what the chapter is doing.

Passed by both chambers on May 2, SB 180 addresses rebuilding after a natural disaster and would, among other things, restrict local governments from implementing stricter storm-hardening resiliency and mitigation measures. The Legislative Policy Committee is concerned with Sections 18 and 28 (descriptions below), which prohibit moratoriums or burdensome regulations on redevelopment by local governments within 100 miles of a hurricane storm track and by local governments affected by Hurricanes Debby, Helene, or Milton as listed on the Federal Disaster Declaration. Since the entire state was listed for these hurricanes, Section 28 will apply statewide, not just within the areas actually affected by these storms, prompting concerns as voiced by you, our members.

We are working with community partners on a response and drafting a veto letter to send to Governor Ron DeSantis. We will reach out again with how our members can help with the effort. Additionally, we are working on a comprehensive review of the tracked bills to share and, once the special session ends, we will send a report on the state budget.

Please let us know if you have any questions or concerns. 

~ APA Florida Chapter Office

Section 18

Section creates Section 252.422, Florida Statutes – Restrictions on county or municipal regulations after a hurricane.

For one year after a hurricane makes landfall, an impacted local government may not propose or adopt: a moratorium on the construction or redevelopment of any property, a more restrictive or burdensome amendment to its comprehensive plan or land development regulations, or a more restrictive or burdensome procedure concerning review, approval, or issuance of a site plan, development permit, or development order. An “impacted local government” means a county listed in a federal disaster declaration, or a municipality located within such a county, located entirely or partially within 100 miles of a hurricane’s track is subject to the prohibition. The bill provides exceptions to the provisions if the associated application is initiated by a private party who also owns the property, the proposed comprehensive plan amendment was submitted before landfall, or the amendment or land development regulation is approved by the state land planning agency.

If these provisions are not followed, the bill provides a procedure for a person to file a suit against local government for declaratory and injunctive relief. Before a plaintiff can sue, however, the plaintiff must provide the local government with 14 days to withdraw or revoke the action or otherwise declare it void. Ultimately, if the matter is resolved after a suit, the prevailing plaintiff is entitled to reasonable attorney fees and costs.

The Office of Program Policy Analysis and Government Accountability (OPPAGA) must study the actions of local government after hurricanes which are related to comprehensive plans, land development regulations, and procedures for review, approval, or issuance of site plans, permits, or development orders. The OPPAGA must submit a report to the Legislature by Dec. 1, 2025, which includes recommendations for options to remove impediments to construction, reconstruction, or redevelopment and prevent local governments from implementing burdensome or restrictive procedures or processes.

Section 28

This section provides similar prohibitions on construction moratoriums and burdensome or restrictive regulations as related to comprehensive plans, land development regulations, and procedures for review, approval, or issuance of site plans, permits, or development orders for counties, or a municipality located within such county, listed in the Federal Disaster Declaration for Hurricanes Debby, Helene, and Milton. The provisions apply until Oct. 1, 2027, and are applied retroactively to Aug. 1, 2024.