By Mitch Perry, Florida Phoenix
Will the Florida House do anything to amend a 2024 law that imposed severe restrictions on local government land-use planning?
Pinellas County Republican Nick DiCeglie was the sponsor of last year’s Senate Bill 180, a measure conceived to improve local emergency management and disaster recovery. But it included provisions that restricted local governments from regulating development — prompting local governments to file a lawsuit to attempt to undo those restrictions.
“The policy was well-intentioned and broadly supported, but as implemented it cast too wide a net and created uncertainty for local governments and property owners alike,” DiCeglie said on the Senate floor last week in introducing his new bill (SB 840) to clean up those problems, which passed unanimously in that chamber.
The bill amends some of SB’s 180 most controversial provisions:
- It sunsets the temporary, three-year restrictions on moratoriums, comprehensive plan or land development regulation amendments, or procedures for local governments listed in the federal disaster declaration for Hurricane Debby, Hurricane Helene, or Hurricane Milton as of June 30, 2026.
- It reduces the radius from 100 miles to 50 miles from the track of a future storm.
- Applies only when FEMA has issued a disaster declaration.
However, there has not been a true companion bill filed in the House. Two bills in the House are considered potentially compliant (HB 1465 and HB 217), but they have not been amended to mirror SB 840.
And with just 2 1/2 weeks before lawmakers are scheduled to end the 60-day session, a group of local officials on Wednesday called on the Florida House to step up immediately.
“Ever since SB 180 was inexplicably approved … all I kept hearing at Tiger Bay [Club meetings] and town halls and on social media from all of our representatives was, ‘It was being misinterpreted. It was a mistake. It came out at the 11th hour, there was no way that they could read it, and that they would fix it,’” said Manatee County Commissioner George Kruse on Wednesday in a Zoom press conference organized by 1000 Friends of Florida.
“It’s unfortunate that the Senate did their job and the House is holding back,” he added. “The House is up for election every two years. I’m sure the rank and file are dying to vote for this thing because they’re all getting skewered for voting for Senate Bill 180. They all promised it was a mistake and they would fix it. And now they have an opportunity to fix it, and whoever it is and the powers that be are preventing this right now from happening.”
“We’re stuck with rules that are woefully inadequate in a lot of parts in the state,” lamented South Florida land-use attorney Richard Grosso.
“People are fed up with overdevelopment in the state. This law (SB 180) only makes that worse by allowing developers to pick and choose the things that they’d like to see changed in local government comprehensive plans. We have left local governments pretty powerless to protect their citizens when it comes to flooding, pollution, hurricane impacts, affordable housing, and that’s the huge problem with this bill. It needs to be fixed.”
Orange County Commissioner Kelly Semrad said SB 180 endangers Orange County’s new comprehensive land-use plan, which cost taxpayers $5 million in consultancy fees to develop.
“Tallahassee unfortunately has become contaminated with developers, who decide that what is more burdensome and restrictive is based on preference, which is their bottom line and their profit,” Semrad said. “That’s what they’re concerned about — making profit off the backs of Orange County and all of the other counties across the state of Florida that are trying to develop in a sustainable fashion so that future generations still have a Florida that’s worth living in.”
During the vote on SB 840 last week, independent South Florida Sen. Jason Pizzo urged his Senate colleagues that, if they have any friends over in the House, they urge them to take up the measure.
The session is scheduled to end on Friday, March 13.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com. Banner photo: Residential development in South Florida (iStock image).
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