SB 180 Is Bad for Communities
Dear Member: Today, APA Florida sent a letter to Gov. Ron DeSantis asking him to veto SB 180 when it gets to his desk.
The chapter supports the positive policies included in the bill for emergency management planning and storm recovery. However, two sections impede local government planning in all counties and municipalities for three years, regardless of whether they were impacted by Hurricane Debby, Hurricane Helene, or Hurricane Milton, since every county was included in at least one of the federal disaster declarations. For future hurricanes, the bill restricts local government regulations for one year after a hurricane makes landfall.
How can you help?
☎️ Call: (850) 717-9337
📧 Email: GovernorRon.DeSantis@eog.myflorida.com
🖋️ Write: 400 South Monroe St., Tallahassee, FL 32399
✅ Share: Ask those in your network to contact the governor
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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.