2025-R-71 - Participation in SB180 LawsuitRESOLUTION NO. 2025-R-71
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OF r FLORIDA, AUTHORIZING
PARTICIPATION i
OTHER i DECLARE,
BILL 180'S IMPOSITION OF r
PROHIBITION ON OF i
AUTHORITY OVER #
REGULATIONS, i ` i,
SHOULD BE ENJOINED, ♦ r RETAINING WEISS
COLE TO
PROSECUTE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article V111, Section 2(b) of the Florida Constitution provides that
municipalities "shall have governmental, corporate and proprietary powers to enable there to
conduct municipal government, perform municipal functions and render municipal services," and
authorizes municipalities to exercise any power for municipal purposes except as otherwise
provided by law; and
WHEREAS, pursuant to Section 2(b) of Article V:111 of the Florida Constitution and
Chapters 163 and 166, Florida Statutes, municipalities have broad authority to adopt
comprehensive plans, enact land development regulations, issue development permits, and impose
temporary moratoria in furtherance of local public health, safety, and welfare, including for
purposes of orderly growth, environmental protection, disaster recovery, and community
resiliency; and
WHEREAS, on. June 26, 2025, Senate Bill 180 ("SB 180"), titled "Emergencies," was
signed into law by Governor Ron DeSantis and became effective immediately as
Chapter 2025-190, Florida Statutes; and
WHEREAS, arnong other things, Section 28 of SB 180 prohibits all local government -
initiated ordinances that repose "more restrictive or burdensome" comprehensive plan
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amendments, land development regulations, or procedures concerning review, approval, or
issuance of site plans, development permits, or development orders (collectively, "Land Use and
Zoning Regulations") for the period commencing retroactively from August 1, 2024, through
October 1, 2027, even if such amendments, regulations or procedures are in no way related to any
hurricane or other emergency and even if such amendments, regulations, or procedures were duly
enacted prior to the enactment of SB 180; and
WHEREAS, Section 28 of SB 180 also bans local moratoria on construction,
reconstruction, or redevelopment of property damaged by a hurricane during the same
timeframe; and
WHEREAS, Section 18 of SB 180 further prohibits local governments that are located in
counties that are entirely or partially within 100 miles of the track of any future hurricane from
enacting "more restrictive or burdensome" Land Use and Zoning Regulations, and moratoria on
construction, reconstruction, or redevelopment of any property, damaged or not, for a period of
one year after the storm makes landfall; and
WHEREAS, SB 180 is unconstitutional and invalid because, among other things, it:
(a) embraces more than one subject and matter properly connected therewith in violation
of Article 111, Section 6 of the Florida Constitution;
(b) includes a defective title in violation of Article 111, Section 6 of the Florida Constitution;
(c) requires municipalities and counties to spend in the aggregate an amount that exceeds
an insignificant fiscal impact without including a finding that the law fulfills an important state
interest as required by Article VII, Section 18 of the Florida Constitution;
(d) constitutes a sweeping intrusion on home -rule authority, threatening local ability to
enact land use, zoning, flood -resiliency, and environmental protections, contrary to Article VIII,
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Section 2(b) of the Florida Constitution to a degree that renders the constitutional provision
hollow; and
(e) contains provisions that classify political subdivisions on a basis that is not reasonably
related to the subject of the law in violation of Art,. 111, Section 11(b) of the Florida
Constitution; and
WHEREAS, for example, despite SB 180 being titled "Emergencies," SB 180 contains
various matters that are not connected and/or are unrelated to emergencies, including Section 18
and 28's total ban on any "more restrictive or burdensome" Land Use and Zoning Regulations,
and Section 18's prohibition on moratoria on construction, reconstruction, and redevelopment of
property, even if the property is intact and was not damaged by a hurricane or other emergency
event; and
WHEREAS, the provisions of SB 180 also impose expenditure obligations upon
municipalities and counties that, as conceded in the Florida Legislature's own staff analysis,
exceed the threshold amount for an unfunded mandate, despite the lack of any finding in SB 180
that the law fulfills an important state interest; and
WHEREAS, Section IS of SB 180 infringes upon municipal home rule authority by
prohibiting municipalities from enacting Zoning and Land Use Regulations if they are located
within a county that is entirely or partially within 100 miles of the track of a hurricane for one year
in a completely indiscriminate manner that disregards the size, intensity, or impact of a hurricane
on the municipality, whether a proposed Zoning and Land Use Regulation has even a de mininiis
impact on hurricane recovery efforts, or even if the Zoning and Land Use Regulations are
necessary to protect the public health, safety, and welfare from the effects of a hurricane; and
WHEREAS, Section 18 of SB 180 further usurps the municipal home rule authority
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guaranteed by the citizens of Florida in the Florida Constitution by imposing blanket prohibitions
on any moratoria on construction, reconstruction, or redevelopment of property for one year
whenever a future hurricane falls within 100 miles of the county where the municipality is located,
regardless of the necessity or impetus behind such moratoria; and
WHEREAS, Section 28 of SB 180 similarly prohibits municipalities from enacting Zoning
and Land Use Regulations for the entire state of Florida retroactively from August 1, 2024, through
October 1, 2027, without any rational justification; and
WHEREAS, SB 180's vague prohibitions on moratoria on construction, reconstruction,
and redevelopment of properties and Land Use and Zoning Regulations that are "more restrictive
or burdensome," and other ambiguous provisions render SB 180 incomprehensible, create
uncertainty, chill local governance, and encourage preemptive, potentially frivolous, litigation to
force local governments into repealing legislation, even if it might otherwise be a valid exercise of
home rule authority; and
WHEREAS, the City Council of the City of Edgewater (the "City") desires to authorize
the participation of the City in a lawsuit seeking declaratory, injunctive, and other appropriate
relief from the provisions of SB 180, which impose a blanket statewide prohibition on the exercise
of home rule authority relating to Land Use and Zoning Regulations, based upon the any
appropriate legal theories, including, without limitation, those set forth herein, subject to the
participation of at least ten local governments (the "Lawsuit"); and
WHEREAS, it is in the best interest of the City to participate in the Lawsuit and to urge
other local governments to join as plaintiffs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AS FOLLOWS:
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Section 1. Recitals. The above -stated recitals are hereby adopted and confirmed.
Section 2. Authorization to Participate in Lawsuit. The City Council hereby
authorizes the participation of the City in the Lawsuit, subject to participation of at least ten local
governments.
Section 3. Legal Representation and Fee Structure. Weiss Serota Helfman Cole +
Bien-nan, PL (the "Firm") is retained to represent the City in the Lawsuit, at both the trial and
appellate levels. The Firm will charge a flat fee, inclusive of attorneys' fees, and costs', of
$10,000.00 to represent the City in the Lawsuit in the trial court, which shall be payable within ten,
days of the effective date of this Resolution. The City shall also pay $5,000_00 to'the"Firm to
represent it in any appeal related to the Lawsuit that is filed at the District Court ofAppeal within
30 days of the filing of such appeal, and $5,000.00 to the Firm to represent it in any appeal that is
filed at the Florida Supreme Court within 30 days of the filing of such appeal. The City
acknowledges that the Firm will be representing other local governments in the Lawsuit and
waives any conflicts related to such representation. The City also acknowledges that the Firm may
represent other entities, private or public, and that the representation of City in this Lawsuit alone,
because it is part of a coalition, will not constitute a conflict of interest and, to the extent it does,
waives such conflict of interest.
Section 4. Urge Participation. The City invites and urges other local governments to
join as plaintiffs in the Lawsuit and to coordinate their efforts with the City.
Section 5. Transmittal. The City Clerk is directed to distribute this Resolution to all
local governments in Volusia County. The City Clerk is further directed to distribute this
Resolution to the Firm.
Section 6. Implementation. The appropriate City officials are authorized to execute
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all necessary documents and to take any necessary action to effectuate the intent of this Resolution.
Section 7. Effective Date, That this Resolution shall take effect immediately upon the
adoption hereof.
PASSED AND DULY ADOPTED
"ATTEST:
44"b" iolue 9T" lity Clerk
Tk�in, Acting C
day of
Diezel DePew, Mayor
Passed on first reading on the day of E:� 2025
APPROVED AS TO FORM AND CORRECTNESS:
cl 4?
Aaron R. Woite��
City Attorney
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