The new state law limits local governments’ ability to implement resilience measures in flood-damaged areas.
By Julie Morris
From the October-December 2025 issue of Critical Times. Print versions are available for free at WSLR+Fogartyville and other community gathering spaces in Sarasota and Manatee counties.
Reduced wetland buffer along the Myakka River in Manatee County
The Florida Legislature voted to approve Senate Bill 180, which prohibits “more restrictive or burdensome” development standards or procedures, on the last day of the 2025 Legislative session as the budget negotiations collapsed. It was then signed by Gov. DeSantis, effective on July 1.
Smart growth advocacy organization 1000 Friends of Florida asked environmental lawyer Richard Grosso to examine the bill.
Grosso’s analysis explains that “Section 28 of the law, citing federal disaster declarations for Florida counties from Hurricanes Debby, Helene, and Milton, immediately renders ‘more restrictive or burdensome’ comprehensive plan and land development code changes adopted by every local government in the state of Florida after July 31, 2024, subject to judicial invalidation, and precludes local governments from adopting such measures until October 1, 2027. Residents, business owners and a broad array of entities are given rights to challenge such actions, whether or not they live or own land in the affected local government’s boundaries, or are affected at all by the regulations they dislike, and are entitled to attorney’s fees and costs if they are successful.”
This is a gift to developers, and Grosso’s analysis states that “many, and even perhaps most, legislators did not understand its implications.”
All 67 Florida counties were impacted by hurricanes in 2024.
“Given the realities about expected future of hurricanes in the southeastern United States, our state is likely to be impacted by hurricanes annually,” Gross writes. “This law effectively prohibits any future changes to local government plans or regulations-other than those that weaken development standards. It is, in essence a repeal of Florida’s land-use planning laws.”
Manatee and Orange counties have joined a class action suit led by Jamie Cole from the law firm Weiss Serota Helfman Cole & Bierman. A number of cities have also joined, including Alachua, Delray Beach, Deltona, Edgewater, Stuart, Windermere and Weston. The suit was expected to be filed in mid-September. It contends that SB 180 infringes on the “home rule” authority of local governments.
Manatee County Commissioner George Kruse (R-District 7, At-Large) was quoted in the Sarasota Herald Tribune on July 1, “When you’re stuck with zero foot wetland buffers in spite of a 7-0 vote to revert back to 50 feet, thank Tallahassee. When you’re stuck with Policy 2.1.2.8 allowing for potential development east of our development boundary, thank Tallahassee. When our comprehensive plan update continues to be delayed and rewritten due to state agencies, thank Tallahassee.”
1000 Friends of Florida is encouraging citizens to attend the Nov. 3 Sarasota County Legislative Delegation meeting to ask legislators to repeal SB 180. It is scheduled for 9 a.m. at the Robert L. Anderson Administration Center in Venice.
If you wish to make a presentation to the delegation, please submit a Presentation Request Form to Rep. Fiona McFarland’s office by Oct 31. Forms can be obtained by calling McFarland’s office at 941-899-0940.
Julie Morris is the cohost of “Our Changing Environment,” airing alternating Tuesdays at 9 a.m. on WSLR.
