A recently passed Florida law has sparked a battle between the state and local governments, with counties and municipalities joining a lawsuit against the law that they claim has already impeded them from enacting new zoning and land-use laws.
It’s an effort Palm Beach decided to join in Sept.18, as town council officials worry that SB 180 would grind the town’s efforts to revamp its zoning code to a halt.
But how does the law limit the local governments ability to regulate land-use? And which local government’s are involved in the lawsuit? Here’s a breakdown.
What is SB 180?
Signed by Gov. Ron DeSantis on June 26, SB 180 aimed to update Florida policies for addressing natural disaster emergencies.
Supporters of the law contend that it will help improve emergency response after hurricanes and ensure private property owners can repair their structure post-emergency without having to worry about new local laws that could increase that cost.
That’s thanks to key subsections in the law that bar local governments that were affected by Hurricanes Debby, Helene and Milton from proposing and adopting “more restrictive or burdensome” than their current comprehensive plan or land development regulations and procedures.
In effect, that means every one of Florida’s counties and municipalities are currently under the law’s purview, according to the lawsuit
The law applies retroactively from Aug. 1, 2024, through Oct. 1, 2027. If Palm Beach County were within 100 miles of a hurricane’s path, that same limitation would be enforced for a year after the storm’s landfall, according to the bill.
If the state finds that a municipal ordinance passed during this time period violates the laws ban on “more restrictive or burdensome” planning and zoning laws, the state will declare it null and void, according to the law.
Beyond state oversight, the law also empowers private businesses and citizens to sue local governments to stop any of the enforcement of any local law codified passed Aug. 1, 2024. Those suing are also entitled to have their attorney fees and costs paid for by the local government.
What does the lawsuit claim?
Filed Sept. 29 in Leon County, the lawsuit led by Weiss Serota Helfman Cole + Bierman alleges that the law violates the Florida Constitution on multiple counts.
The law’s central problem, the lawsuit claims, is that it represents “the largest incursion into local home rule authority in the history of Florida” since the state adopted its 1968 constitution.
Beyond the limits to passing new planning and zoning laws, the suit also noted how the laws curbs a local government’s ability to raise funds, such as by limiting local impact fees and increasing homestead tax exemptions valuations for renovation projects.
The lawsuit also claims that the law unreasonably classifies municipalities 100 miles away from a hurricane’s path as “impacted local governments. It also calls into question the threshold of “more restrictive or burdensome,” and unreasonable and vague, since the law does not provide any definition for what a more restrictive or burdensome law is.
The suit asks the court to declare the law invalid and also to bar the state from enforcing it while the lawsuit is being decided.
Who’s named in the lawsuit?
In total, 23 municipalities and two counties, Manatee and Orange County, are named in the suit.
The town isn’t the only Palm Beach County municipality involved in the legal effort, as the suit also names Jupiter, Delray Beach, Lake Park and North Palm Beach as plaintiffs.
The lawsuit names Secretary of Commerce Alex Kelly, Florida Division of Emergency Management Executive Director Kevin Guthrie, Agriculture Commissioner Wilton Simpson, Department of Revenue Executive Director Jim Zingale and Florida’s Chief Financial Officer Blaise Ingoglia as defendants.
What effect has the law had?
Since the legislature passed the law, Manatee and Orange County have both been hit with lawsuits pushed by local developers over recently passed ordinances. In each case, the plaintiffs accuse the counties of enacting “more restrictive and burdensome” zoning laws, according to court documents.
In July, Orange County also had its updated comprehensive plan declared “null and void” by the Florida Department of Commerce, because it violated the laws restriction on new laws that are deemed stricter than what is already on the book, according to reporting by Central Florida Public Media.
But according to the lawsuit, the state never identified what aspect of the new comprehensive plan was deemed more restrictive or burdensome.
How could it impact Palm Beach?
The town is currently revamping its zoning code, with plans to create land-use regulations that may be considered restrictive for private business interests.
In May, the Planning and Zoning Commission recommended banning new private clubs at the town’s North End and Midtown.
Planning commissioners also are expected to discuss tightening the town’s thresholds for its “town-serving” requirement on private businesses.
That law would require businesses of a certain size to prove that a sizable portion of its customer base are residents.
Town Council members have been vocal about their opposition to the bill, and what they say is Florida’s continued erasure of municipal self-governance.
“This stripping us of our uniqueness and our identity, and this absolute push to homogenize every town in Florida to look the same and be same when they’re not the same is absolutely despicable,” Town Council President Bobbie Lindsay said during a June 10 meeting. “I have no regard for our state Legislature when it comes to this issue.”
Diego Diaz Lasa is a journalist at the Palm Beach Daily News, part of the USA TODAY Florida Network. You can reach him at dlasa@pbdailynews.com.
This article originally appeared on Palm Beach Daily News: Why is Palm Beach joining a lawsuit against the state government? Here’s the scoop
Reporting by Diego Diaz Lasa, Palm Beach Daily News / Palm Beach Daily News
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