Florida Bill Would Block Any Attempts To Change Land Use/Development Rules That Recognize Reality Of Storms, Rising Seas

After three hurricanes battered Florida in 2024, state lawmakers approved legislation that supporters said would help communities recover. But the measure has had the much more far-reaching consequence of blocking local sustainability and resilience efforts. The provisions of SB 180 that enhance growth and development in this booming state, which is uniquely vulnerable to more damaging storms, rising tides and flooding, are poised to be a top issue as the legislative session begins this week. Three bills have been introduced to address the widespread concerns over the measure, which sparked two lawsuits after taking effect last July. The state moved to dismiss both complaints, and the cases, both filed in Leon County Circuit Court, have since been consolidated.

“Under the guise of helping people rebuild damaged structures, they did developers around the state a huge favor and basically froze in place all existing development standards in an area, in a state that has major problems that we need to address relative to sea level rise, environmental protections, habitat protections, water quality protections, affordable housing,” said Richard Grosso, an environmental attorney representing an advocacy group, 1000 Friends of Florida, in one of the lawsuits.

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The law prohibits local governments from enacting any land development policies that could be considered to be “more restrictive or burdensome.” Because of the way the measure is written and the widespread impacts of the 2024 hurricane season, which spawned Debby, Helene and Milton, it affects every county and municipality in the state. Opponents say the measure, which applies retroactively, essentially freezes all local planning and zoning regulations as they stood on Aug. 1, 2024, and keeps them frozen until Oct. 1, 2027.

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Since SB 180 took effect, more than a dozen local governments across Florida have received letters from the Department of Commerce, which oversees land planning in the state, declaring their proposed land development policies null and void under the law, according to 1000 Friends of Florida. Many of the changes were meant to strengthen stormwater management measures, protect natural resources and prevent urban sprawl. Some local governments have been slapped with lawsuits because of the law. Multiple local governments have joined to file their own litigation challenging the measure’s constitutionality.

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https://insideclimatenews.org/news/15012026/florida-legislators-reconsider-resiliency-efforts-law/