Volusia County seeks changes to SB180, a law that takes away local authority over growth
Senate Bill 180 has prompted concern and action by local governments around the state, including in Edgewater.
Volusia County Council Chairman Jeff Brower said he believes much of the new law is good, but it was made so overly broad that it takes away local control.
"We're going to be relegated to the fact where we can go to ribbon cuttings, and that will be the effectiveness of a County Council if the state continues," Brower said.
What is Florida Senate Bill 180?
Language in the law keeps local governments from enacting any stricter or more burdensome land regulations for one year after a hurricane hits, under certain conditions. The law applies if a county was within 100 miles of the track of a categorized hurricane and was part of a federal disaster declaration, according to a county presentation.
Another section would be retroactive and is in effect from Aug. 1, 2024, until Oct. 1, 2027. Local governments in counties that were part of the federal disaster declaration for Hurricanes Debby, Helene, or Milton can't do the following things, according to a Volusia County presentation:
"Propose or adopt any moratorium on construction, reconstruction, or redevelopment of any property damaged by such hurricanes."
"Propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations."
"Propose or adopt more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or development order."
The retroactive piece means that any comprehensive plan or land development regulation changes enacted by local governments since Aug. 1, 2024, that are more restrictive or burdensome are "null and void." That includes moratoriums.
What does SB180 Mean for Volusia County?
Volusia County can't pass any land development regulations or Comprehensive Plan amendments that are more restrictive or burdensome until Oct. 1, 2027. If another hurricane affects the county as specified under SB 180, then a temporary prohibition would start again.
Senate Bill 180 wiped out enhanced stormwater design and construction standards enacted by the County Council on Feb. 11 in Ordinance 2025-06.
What is Volusia County doing about Senate Bill 180?
The County Council voted 7-0 to recommend changes to SB180 through lobbyists.
In short, the county's recommended changes would make the state law apply only to hurricane-damaged properties instead of the entire county.
Councilmen voiced support for taking a collaborative approach with the state government instead of filing a legal challenge.
"We've seen a couple counties stir the pot, and they're not in a good place right now compared to us," At-Large Representative Jake Johansson said. "I want to protect what we have from being preempted in the future as well."
Some criticized the state's encroachment on local control but said they believe the Legislature intended for the bill to have a narrower impact.
What have local governments done in Edgewater?
The city of Edgewater had announced on its website that officials intended to repeal the city's development moratoriums in response to the new law. But on Aug. 4, the City Council did not move forward an ordinance to repeal the moratoriums.
Council members approved having a special meeting on the issue.
The Edgewater City Council adopted two temporary development moratoriums in January. One halted the city's issuance of certain building permits in the Florida Shores Drainage Basin. The other stopped annexations, rezoning, amendments to approved Planned Unit Developments, Comprehensive Plan amendments, site plans and preliminary and final plats, with some exceptions.
― Reporter Brenno Carillo contributed to this report.
This article originally appeared on The Daytona Beach News-Journal: Volusia County to lobby for changes to controversial SB180
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