Twenty-five cities and counties filed a lawsuit Monday challenging a new state law that blocks local governments from approving "more restrictive or burdensome" changes to growth plans for the next two years.
The challenge, filed in Leon County circuit court, contends that the law (SB 180) effectively freezes all local land-development regulations and comprehensive plans through Oct. 1, 2027, violates home-rule authority and, using “ambiguous and vague” preemption language, strips the ability of cities and counties to manage their growth.
The changes took effect June 26, when Gov. Ron DeSantis signed the law, and are retroactive to Aug. 1, 2024.
Jamie Cole, an attorney representing the local governments, said in a news release the case is about protecting home rule.
“Every city and county has unique needs, and local leaders are best positioned to make decisions about growth, safety and resilience,” Cole, a partner with the South Florida law firm Weiss Serota Helfman Cole + Bierman, said in a statement.
The suit names as defendants Florida Department of Commerce Secretary J. Alex Kelly, Division of Emergency Management Director Kevin Guthrie, Agriculture Commissioner Wilton Simpson, Department of Revenue Executive Director Jim Zingale and state Chief Financial Officer Blaise Ingoglia.
Kelly is named because his department oversees enforcement of the law and has rejected proposed comprehensive-plan amendments in several communities, including Orange and Manatee counties, and has concluded other proposed changes violate the law, according to the suit.
Zingale is named because the law affects the ability of local governments to collect and spend money.
Guthrie and Simpson are included because they run agencies that are responsible for administering and enforcing portions of the law. Ingoglia has the responsibility to “invest funds of any entity created by the state” and the law affects the local governments’ autonomy to collect and spend those funds, according to the lawsuit.
Spokeswomen for the Department of Revenue and Department of Commerce said Monday their agencies don’t comment on pending litigation. Representatives for the other officials didn’t immediately respond to requests for comment.
The lawsuit, which seeks an expedited ruling, contends, in part, that the law violates a single-subject requirement for legislation, created an unfunded mandate for local governments and represents “the largest incursion into local home rule authority in the history of Florida since the adoption of the Florida Constitution in 1968.”
Lawmakers touted the wide-ranging legislation as helping the state recover from last year’s hurricanes Debby, Helene and Milton. It included changes related to issues such as debris removal, mutual-aid agreements, rebuilding storm-damaged homes, and building-permit and inspection fees.
But the lawsuit focuses on a section of the bill that was added May 2 and prohibits local governments from proposing or adopting “more restrictive or burdensome” amendments to comprehensive plans or land development regulations. Any resident or business owner may file suit to enforce the section.
The section applies to governments that were placed under federal disaster declarations from any of the three hurricanes. All 67 of Florida’s counties were listed in at least one of the three declarations.
“Some of the local governments have also had to pause moving forward with planning and zoning regulations that have been years in development even if those regulations are unrelated to emergencies or rebuilding after emergencies, amounting to a waste of the public funds expended in effort to pass said regulations and expanding the reach of SB 180 past emergencies,” the lawsuit said.
Local governments joining the case were asked to put up $10,000, with the expectation that costs will go up $5,000 for a potential appeal and another $5,000 if the case reaches the Florida Supreme Court.
The wide-ranging law drew little opposition during this spring’s legislative session. DeSantis has defended the measure as primarily helping people whose homes were damaged to rebuild without government interference.
Participants in the lawsuit are Orange and Manatee counties, along with the municipalities of Destin, Lake Alfred, Windermere, Delray Beach, Deltona, Weston, Alachua, Stuart, Mulberry, Naples, Miami Shores Village, Lake Park, Fort Lauderdale, Jupiter, Edgewater, Pompano Beach, Dundee, Cutler Bay, North Palm Beach, Pinecrest, Margate, Palm Beach and Homestead.
