An emergency management bill that passed earlier this year could be receiving some adjustments, after a wave of cities and counties filed lawsuits citing that the new law gives more power to developers.
Pensacola Sen. Don Gaetz and Panama City Sen. Jay Trumbull, both Republicans, filed a bill (SB 218), which aims to implement restrictions only on an “impacted local government” listed in the Federal Disaster Declaration for Hurricanes Helene, Debby, and Milton that “propose or adopt more restrictive or burdensome amendments.”
DeFuniak Springs Republican Rep. Shane Abbott filed a supporting measure in the House (HB 217).
The bills aim to narrow the scope to ensure only the hardest-hit areas are subject to these rules. Counties hit by Hurricanes Helene, Debby, or Milton that received federal aid would be prohibited from blocking or slowing down any rebuilding efforts until Oct. 1, 2027.
They would further be restricted from passing moratoriums on construction or the redevelopment of damaged properties, and from making their land use rules or permitting processes more strict or complicated.
If a county implements these restrictions, the actions would be deemed automatically invalid. It further applies retroactively to anything done after Aug. 1, 2024. If a county or city wasn’t directly hit by a named storm or wasn’t subject to federal relief, the bill’s limitations would not apply to them.
The controversy began after St. Petersburg Republican Sen. Nick DiCeglie’s bill (SB 180) was signed by Gov. Ron DeSantis in June, reducing restrictions on developers looking to build in areas affected by 2024’s hurricane season, while implementing tougher restrictions for local governments until October 2027.
In September, more than two dozen cities and counties challenged the law and asked a judge to block its enforcement, stating that it conflicts with other state laws regarding planning and growth, and has led to state officials nixing growth management proposals, according to POLITICO.
Developers have reportedly used the language in DiCeglie’s bill to file lawsuits against counties and municipalities, to challenge local changes they find “restrictive or burdensome,” including increased fees for construction, and restrictions on dense housing in rural areas.
DiCeglie has stated he has taken all of the feedback into account and will be filing more legislation to address the concerns of local governments and constituents.
“It was pretty clear to me early on that we’re going to have to tighten this up,” DiCeglie told the Miami Herald. “I’ve been dedicated to ensuring that what I propose as policy, I’m going to get it right. If I have to come back and correct some unintended consequences, I will.”
DiCeglie further told the Miami Herald that the “burdensome and restrictive” language is one thing he will be targeting.
“Unfortunately, we’ve seen in many ways somewhat of an opposite effect. A lot of these challenges to land use planning we’ve seen have not been directly related to hurricane recovery,” he said. “I want this to be narrowly focused. I want this to be about recovery.”
Disclaimer
The information contained in South Florida Reporter is for general information purposes only.
The South Florida Reporter assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the South Florida Reporter be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components
