WSHC+B Partner and Broward Office Managing Director Jamie A. Cole was quoted in the Gainesville Sun regarding Florida Senate Bill 180, which significantly limited the authority of local governments to adopt land use regulations considered more restrictive or burdensome than current laws.
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 affect only 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 noted that the law could prevent local governments from adopting common-sense measures to improve resilience in areas prone to flooding. “We can learn from a hurricane, say, that certain areas flood terribly. So, if a city wants to pass an ordinance that says that if you redevelop, you’ve got to make houses a little higher. Well, now, we can’t do that.”
WSHC+B is actively advising municipal clients statewide to review land-use and development regulations adopted since August 1, 2024, to assess potential legal risks under SB 180, and to consider the effect of the bill on their enactments that could be construed as more restrictive or burdensome than current laws.
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 The Gainesville Sun.
