In a recent article published by Law360 titled “Local Restrictions in New Fla. Hurricane Law Cause Friction,” WSHC+B Partner and Broward Office Managing Director Jamie A. Cole and Partner Susan Trevarthen shared their insights on Florida Senate Bill 180, also known as the “Emergencies” bill. This sweeping new law, signed by Governor Ron DeSantis, aims to streamline hurricane recovery but has drawn criticism for significantly limiting local governments’ control over land use and zoning unrelated to any storm impact.
SB 180, now enrolled as Chapter 2025-190 of the Laws of Florida, prohibits local governments from imposing moratoria on redevelopment or enacting land use regulations that are “more restrictive or burdensome” for up to one year after a future hurricane makes landfall, if the community is within 100 miles of the storm track.
Notably, it also retroactively applies a similar limitation to regulations adopted since August 1, 2024, effectively placing a freeze on local zoning authority across the entire state. While this provision of the bill purports to only affect certain communities affected by three recent storms, it actually applies to every community in Florida due to the breadth of recent federal disaster declarations.
Jamie A. Cole, who has substantial experience regarding home rule matters, described the legislation as an unprecedented overreach into municipal autonomy.
“It’s not just development regulations related to hurricane recovery. It’s anything. So it just kind of opens the complete door to development,” Cole told Law360. “It’s an unbelievable intrusion into home rule authority for cities, because cities basically can no longer pass things that they think are in the best interest of their community.”
Susan Trevarthen, who leads the firm’s local government land use practice, emphasized that the law’s provision for future storms undermines the very foundation of municipal home rule power. “So what that creates is a perpetual situation where it’s chaotic and unpredictable when local governments will ever have their land-use powers again,” she said.
The article also highlights concerns from local governments that broad, undefined terms like “more restrictive” or “burdensome” could invite lawsuits from developers, potentially discouraging necessary regulation even when public safety is at stake. Trevarthen noted that effectively, “you don’t have power if you can only use it to say yes.”
WSHC+B is actively advising municipal clients statewide to carefully review land-use and development regulations adopted since August 1, 2024, to assess potential legal risks under SB 180, and to consider the impact of the bill in their future enactments. The firm is collaborating with several cities considering constitutional challenges and is analyzing viable legal strategies to protect local authority.
Cole noted that Florida “cities are in a tough spot right now. And they’re going to have to decide whether to just abide by it or try to challenge it.”
If your municipality has questions or needs guidance on navigating the implications of Florida Senate Bill 180 and related hurricane recovery laws, please contact Jamie A. Cole (jcole@wsh-law.com) or Susan Trevarthen (strevarthen@wsh-law.com).
Click here to read the full article by Law360.
