Latest news with #SenateBill180
Yahoo
7 days ago
- Business
- Yahoo
Legislature wants to make it impossible for local governments to build back better after hurricanes
A BMW lies submerged during flooding in New Smyrna Beach caused by Hurricane Ian, via New Smyrna Beach official Facebook page Hello, is this the 911 operator? I need to report someone who's a danger to themselves and others. It's the Florida Legislature. No, operator, this is not a joke! Didn't you hear what they did? After one of Florida's worst hurricane seasons in years, they passed a bill to block local governments from trying to build back better. And they did it right before the start of another hurricane season, one that's predicted to be above normal, just like last year. No, I can't tell you why it's supposed to be so bad. It involves climate change, and the governor doesn't want us to talk about that. Even if climate change wasn't heating up the Gulf of Whatchamacallit to a temperature that you're more accustomed to seeing in an oven, this hurricane season seems especially fraught with peril because of the chaos in Washington. The tumult and the shouting in D.C. are interfering with disaster aid and preparation. Nothing increases everyone's pre-storm jitters like hearing that the Federal Emergency Management Agency is not ready for the season. I know Gov. Ron DeSantis has been trying to convince everyone that Florida doesn't really need FEMA, even though it stepped up to hand over $1 billion to aid homeowners and renters last year. But this is the guy who can't even get members of his own party to approve a new state budget. That means we could be facing a state government shutdown on July 1, shortly after the start of hurricane season on June 1. So, given the unreliability of FEMA, the prediction of another horrible hurricane season, and this ill-considered bill that passed Tallahassee with flying colors, can you see why I'm worried that the Legislature wants to kill us? I mean, does it sound to you like they're paying attention to anyone's safety, including their own? Operator, the bill they passed, the one that puts everyone in peril, is Senate Bill 180. That's a pretty good description of it, too, because it's 180 degrees from what would have been much safer for all concerned. The specific part of the bill that's got me and a lot of other people worried would prevent any local government in Florida from adopting anything for its growth regulations after a hurricane that could be deemed too 'restrictive or burdensome' to developers. 'One part of the bill prevents cities and counties listed in federal disaster declarations for Hurricanes Debby, Helene, and Milton — a majority of the state — from adopting tougher development rules until October 2027. The ban is retroactive to August 2024, also threatening to undo any recent rule changes,' the Miami Herald reported last week. And there's no real end-date for what it does, either. We could be stuck with this restriction forever. 'Another part of the bill calls for a similar one-year ban anytime a local government is listed in a federal disaster declaration and lies within 100 miles of a hurricane's path,' the Herald said. 'It could renew each time a storm strikes Florida's coast, a regular occurrence for the storm-plagued state.' 'These are decisions that need to be made by local governments locally, not by people in Tallahassee,' Kim Dinkins of the smart growth group 1000 Friends of Florida told me. 'Every time a storm comes through, we learn more about how to deal with them.' Worse, she pointed out, the bill will interfere with the ability of cities and counties to take advantage of money from the feds and the state for converting septic tanks to sewers and fixing drainage problems. If those fixes require ordinance changes that affect development, such as requiring new homes to connect to the sewer lines, this bill won't allow it. How did we get here? Bear in mind that we're a state surrounded on three sides by water, so we're especially vulnerable to a rising sea level. Yet our state has seen rampant overdevelopment in flood-prone spots in recent years. Our blatantly pro-development legal and political structure has turned the state into a hotbed of poorly planned projects that are constantly risking inundation. Developers don't want that to change. Here's the truly alarming thing, operator: This idiotic bill was sponsored by Sen. Nick DiCeglie, whose own home flooded during Hurricane Helene. He's a storm victim himself, yet he's OK with blocking cities and counties from putting in place any additional protections for future storm victims. DiCeglie is in the trash-hauling business, so maybe that's why he pushed this particular piece of garbage. Despite the obvious life-threatening flaws in this bill, our fine Legislature passed it by nearly a unanimous vote in both houses. I swear, it's as if we're being governed by the writers of the TV show 'Seinfeld: 'No hugging and no learning!' And operator, did I mention that this isn't the first time they've done this kind of thing? The first time this happened was in early 2023, a few months after Hurricane Ian. Ian, you may recall, clobbered the Southwest Florida coast and killed 149 people. 'Scores drowned as they fled on foot, while in their cars or after seawater swallowed their homes,' NBC News reported. 'Ian was one of the deadliest hurricanes to hit the U.S. in the past 20 years.' The high body count showed that the development pattern in that area had flaws. It would have been great if Lee County had done something to adjust its building regulations in response. But Lee couldn't. When the Legislature met in special session the following February, one of Lee County's own, Sen. Jonathan Martin of Fort Myers, sponsored a bill that said local officials in the area hit by Ian could not impose any new development rules deemed 'more restrictive or burdensome' than what was already on the books. Marttin's bill passed the Legislature and was signed into law by DeSantis. It covered a 100 square mile radius affected by Ian. Also, it was set to expire in 2024. That was strike one. Months later, the Big Bend area was smashed by powerful Hurricane Idalia. The casualty count wasn't as high, but the property damage was really bad. During a special session in November 2023, a new bill, sponsored by Rep. Jason Shoaf of Port St. Joe, extended the ban on any commonsense regulation changes on development through 2026. Worse, it expanded the area affected to list 10 specific counties that had to wear the Legislature's handcuffs: Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee, and Sarasota. DeSantis signed that one into law as well. Call that strike two. Then came this year's session and SB 180. The guv hasn't put pen to paper on this one, so we can't call it strike three — yet. Some groups, such as Volusia and Miami-Dade counties, are urging him to veto it. The bill will 'not only limit our ability to responsibly manage development, flooding, and ensure public safety … but also could expose local governments to attorney's fees and costly litigation if local government regulations, enacted in good faith, are challenged,' Miami-Dade Mayor Daniella Levine Cava wrote to the governor this week. 'This legislation prevents local governments from enacting changes that may help our citizens in future storm events,' the Volusia County Council wrote to him in its own veto letter. But I doubt DeSantis will listen to them, because this bill benefits developers. Our governor loves developers even more than he loves eating pudding while wearing his white go-go boots. Operator, I asked around about who was behind this bill. The word in Tallahassee is that its major proponent is a big-time developer in Manatee County named Pat Neal. Neal is a former legislator who's built 25,000 homes in Florida, most of them in Manatee and Sarasota counties. He's now a billionaire, according to Forbes magazine, but compares himself a hungry seagull — and not the touchy-feely Jonathan Livingston kind. 'I have the right to swoop down on any chicken bone,' he told the magazine proudly. That's not a motto you'd hear from someone who's much concerned about the fate of his fellow man. Thus, even though the Florida housing market seems to be headed for another crash with all the rapidity of a competitor in a demolition derby, Neal plans to keep building more and more homes. It's what he's been doing since the '70s, and as the '70s soul duo McFadden & Whitehead would say, 'Ain't no stopping him now.' However, the Manatee County Commission, alarmed by flooding from last year's hurricanes, has proposed a development moratorium while they figure out how to build subdivisions and other projects that will drain better. Neal has been one of the more vocal opponents of a development moratorium, and his opinion does carry a lot of weight. He's a guy for whom public officials tend to do favors. For instance, 10 years ago I watched in open-mouthed wonder as the members of the Southwest Florida Water Management District board did Neal a huge favor. They did so despite the fact that it went against a judge's ruling and they did it over the strong objections of environmental activists. Now that the Legislature has said no local government can pass any 'burdensome' post-storm regulations, the Manatee moratorium has been murdered in its crib. All you little Floridians must kneel to Neal and his needs! Give him all your chicken bones! I tried reaching Neal to ask him about this, but he didn't respond. Perhaps he was too busy squelching other good ideas for coping with the increasing intensity of Florida's hurricanes. If this bill becomes law, all the folks buying Neal-built homes will be just as much at risk of flooding as they were last year and the years before that, too. But more importantly, Neal will still make money and spend his spare time contemplating his legacy. 'We want to make sure that what we leave behind is authentic and good,' he told Forbes. I hope someone will point out to him that homes he considers 'authentic and good' won't stay that way if they turn soggy with the next big storm surge and fill up with mold. The larger problem, dear operator, is that Manatee County was far from the only place in hurricane-ravaged Florida where officials were talking about imposing new building regulations. Just down the road from Manatee, over in Polk County, the county commissioners were considering new stormwater requirements for developments in stressed basins, as well as some other changes. Not anymore. Here was the headline in the Lakeland Ledger: 'Polk County delays vote on roosters, chicken coops and development issues over pending state bill.' The chicken coop line is no yolk (sorry!). Polk commissioners had been considering new restrictions on where homeowners can keep their chickens. But because DiCeglie's bill passed, it's Polk County that's cooped up with its existing regulations. Polk's commissioners voted to hold off taking any action until they see what DeSantis will do. But that's not as big an impact as what's happening in New Smyrna Beach. Back in 2022, after Ian passed through, the town of New Smyrna Beach first proposed a moratorium on growth. In those days, you almost never heard the M-word in Florida. But the folks in New Smyrna Beach were desperate. During Ian's onslaught, the city experienced 'close to 21 inches of rain and 4 feet of storm surge in some areas,' the Daytona Beach News Journal reported. 'County and city first responders rescued about 215 individuals as a result of the flooding, while over 850 homes suffered catastrophic damage to their properties.' That was followed in 2023 by two non-hurricane storms that caused serious street flooding in a section of town called Venetian Bay. Major roads were impassable for days on end. Residents demanded the city do something. That led to a moratorium on building permits pending work on fixing the drainage system. The city also passed new stormwater regulations in February. But all that will go away if DeSantis signs SB 180. As a result, city officials have written to the governor urging him to veto the bill, and they're encouraging all of New Smyrna's 32,000 residents to do the same. I sure hope they fill up DeSantis' inbox with urgent pleas for him to pay attention to this issue. So, tell me, operator, can you help us all out? Send over some paramedics or even some cops to handle these self-destructive lawmakers? Help them to recover their sense of who they're supposed to serve? Because if not, all of us residents are likely to need some really urgent aid around the time the first big storm hits. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Miami Herald
27-05-2025
- Business
- Miami Herald
Florida Bill Could See Higher Flood Insurance Costs This Year
A bill trying to "bolster hurricane relief and recovery" in Florida could end up increasing the cost of flood insurance for thousands of homeowners in the state, experts warned, adding more weight to their growing financial burden. Senate Bill 180, which has already passed both the Florida House and Senate with nearly unanimous support, is now heading to Governor Ron DeSantis' desk. The bill aims to help homeowners in the Sunshine State rebuild more quickly after natural disasters, which are becoming more frequent and destructive due to climate change. However, in its attempt to expedite these efforts, critics argue that the legislation may hinder residents from implementing key changes that would enhance their homes' resilience to extreme weather events. Florida homeowners have seen the cost of home insurance skyrocket in recent years due to a combination of more frequent and severe natural disasters, widespread fraud, and excessive litigation. Although the market has stabilized over the past year, homeowners in the state continue to pay some of the highest premiums in the country. At $2,625 per year, the average cost of home insurance in the state is 24 percent higher than the national average of $2,110, according to NerdWallet. Flood insurance, which is not required by law, is an additional cost on top of the standard property insurance policy for homeowners in the state. According to NerdWallet, the average annual cost of flood insurance in the state is $865 for a National Flood Insurance Program (NFIP) policy. Changes introduced by SB 180 could increase the cost of flood insurance even further for Florida homeowners, potentially discouraging some from obtaining coverage for their homes at all-a risky proposition in such a disaster-prone state. SB 180 has been celebrated by sponsor Nick DiCeglie, a Republican state senator representing Indian Rocks Beach, as legislation that would offer Florida homeowners "a clear path to recovery" after being hit by a storm. "We're fighting for families to focus on rebuilding without additional delays or burdens, especially for those who sustained damage or lost their homes," the senator said in a press release. "Working with our state and local emergency responders, we can streamline restoration efforts and improve emergency response coordination, fortifying and strengthening our communities before the next storm." Newsweek reached out to DiCeglie via email for comment on Monday. The bill's efforts to streamline rebuilding after a hurricane, however, include a two-year freeze on the adoption of stricter building codes that could strengthen Florida homes, a measure that critics say would prevent local governments from introducing important reforms. It would also make it easier for homeowners whose properties have been destroyed or damaged in a natural disaster to avoid elevating their homes once they rebuild-an improvement that experts consider crucial to strengthen residences against more frequent and more severe extreme weather events. Under the proposed legislation, only homes that have suffered storm damage equal to more than 50 percent of their value must be demolished and rebuilt entirely-the minimum requirement set by the Federal Emergency Management Agency (FEMA). Strengthening a home exposed to potentially devastating natural disasters not only makes this property more resilient, protecting the owner and their assets, but it also makes coverage more affordable. Insurers often offer discounts to policyholders who make efforts to strengthen their homes against extreme weather events under programs such as FEMA's Flood Mitigation Assistance Grant and the Sunshine State's Elevate Florida. This state-run program, launched last year, offers to cover at least 75 percent of the cost of mitigation projects, including elevating a home damaged in a storm, which promises to lower insurance costs and increase the property's value. A study conducted by the state and cited by several local newspapers found that 44 out of the 122 communities that currently elevate their homes after an impactful natural disaster would lose points toward discounts on flood insurance premiums due to SB 180. Twelve would no longer qualify for the level of discount they currently benefit from: Bay County, Leon County, Orange County, Dania Beach, Jupiter Beach, Palm Springs, Estero, Lake Mary, Hialeah, Bonita Springs, Hollywood and the Pensacola Beach Santa Rosa Island Authority. According to the study's estimates, approximately 44,000 Florida homeowners would end up paying more for flood insurance coverage as a result of the bill taking effect, resulting in a total annual increase of $1.6 million statewide, or $36 per person. Florida state Senator Nick DiCeglie, who sponsored the bill, in a statement: "If we can keep one more person in their home to keep them out of the 50 percent rule, that's one person that does not have to deal with the incredibly stressful situation of tearing down their home and elevating." Del Schwalls, a floodplain management consultant, told the Tampa Bay Times: "It's really frustrating. It prevents anyone from trying to fix this flood, repair, flood, repair cycle." Kimberleigh Dinkins, policy and planning director of advocacy group 1000 Friends of Florida, in a statement: "A lot of times, a local government can evaluate the impact that a storm has on their community, and make adjustments to their land development code to make themselves more resilient. Under this scenario, they wouldn't be able to do that." She added: "It's removing one of the tools in the toolbox to increase resiliency. It basically is saying: okay, you have more opportunities to build back in a way that's resulting in flooding." The bill is now awaiting the governor's signature, but DeSantis has not yet indicated whether he will sign the legislation. If signed, the bill's provisions could take effect during the upcoming hurricane season, potentially affecting insurance premiums and building standards statewide amid ongoing market volatility. Related Articles Florida Homeowners 'Living Nightmare' As Construction Company Goes BankruptHow Donald Trump Could Boost US High-Speed RailFlorida Man Dies in Police Shooting After Surviving Apparent Gator AttackFlorida Boat Explosion: 11 Reported Hospitalized After Blast in Waterway 2025 NEWSWEEK DIGITAL LLC.
Newsweek
27-05-2025
- Business
- Newsweek
Florida Bill Could See Higher Flood Insurance Costs This Year
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A bill trying to "bolster hurricane relief and recovery" in Florida could end up increasing the cost of flood insurance for thousands of homeowners in the state, experts warned, adding more weight to their growing financial burden. Senate Bill 180, which has already passed both the Florida House and Senate with nearly unanimous support, is now heading to Governor Ron DeSantis' desk. The bill aims to help homeowners in the Sunshine State rebuild more quickly after natural disasters, which are becoming more frequent and destructive due to climate change. However, in its attempt to expedite these efforts, critics argue that the legislation may hinder residents from implementing key changes that would enhance their homes' resilience to extreme weather events. Why It Matters Florida homeowners have seen the cost of home insurance skyrocket in recent years due to a combination of more frequent and severe natural disasters, widespread fraud, and excessive litigation. Although the market has stabilized over the past year, homeowners in the state continue to pay some of the highest premiums in the country. At $2,625 per year, the average cost of home insurance in the state is 24 percent higher than the national average of $2,110, according to NerdWallet. Flood insurance, which is not required by law, is an additional cost on top of the standard property insurance policy for homeowners in the state. According to NerdWallet, the average annual cost of flood insurance in the state is $865 for a National Flood Insurance Program (NFIP) policy. Changes introduced by SB 180 could increase the cost of flood insurance even further for Florida homeowners, potentially discouraging some from obtaining coverage for their homes at all—a risky proposition in such a disaster-prone state. What To Know SB 180 has been celebrated by sponsor Nick DiCeglie, a Republican state senator representing Indian Rocks Beach, as legislation that would offer Florida homeowners "a clear path to recovery" after being hit by a storm. "We're fighting for families to focus on rebuilding without additional delays or burdens, especially for those who sustained damage or lost their homes," the senator said in a press release. "Working with our state and local emergency responders, we can streamline restoration efforts and improve emergency response coordination, fortifying and strengthening our communities before the next storm." Newsweek reached out to DiCeglie via email for comment on Monday. A worker helps raise a home with jacks and framing material in Treasure Island, Florida, on May 23, 2025. A worker helps raise a home with jacks and framing material in Treasure Island, Florida, on May 23, bill's efforts to streamline rebuilding after a hurricane, however, include a two-year freeze on the adoption of stricter building codes that could strengthen Florida homes, a measure that critics say would prevent local governments from introducing important reforms. It would also make it easier for homeowners whose properties have been destroyed or damaged in a natural disaster to avoid elevating their homes once they rebuild—an improvement that experts consider crucial to strengthen residences against more frequent and more severe extreme weather events. Under the proposed legislation, only homes that have suffered storm damage equal to more than 50 percent of their value must be demolished and rebuilt entirely—the minimum requirement set by the Federal Emergency Management Agency (FEMA). Strengthening a home exposed to potentially devastating natural disasters not only makes this property more resilient, protecting the owner and their assets, but it also makes coverage more affordable. Insurers often offer discounts to policyholders who make efforts to strengthen their homes against extreme weather events under programs such as FEMA's Flood Mitigation Assistance Grant and the Sunshine State's Elevate Florida. This state-run program, launched last year, offers to cover at least 75 percent of the cost of mitigation projects, including elevating a home damaged in a storm, which promises to lower insurance costs and increase the property's value. A study conducted by the state and cited by several local newspapers found that 44 out of the 122 communities that currently elevate their homes after an impactful natural disaster would lose points toward discounts on flood insurance premiums due to SB 180. Twelve would no longer qualify for the level of discount they currently benefit from: Bay County, Leon County, Orange County, Dania Beach, Jupiter Beach, Palm Springs, Estero, Lake Mary, Hialeah, Bonita Springs, Hollywood and the Pensacola Beach Santa Rosa Island Authority. According to the study's estimates, approximately 44,000 Florida homeowners would end up paying more for flood insurance coverage as a result of the bill taking effect, resulting in a total annual increase of $1.6 million statewide, or $36 per person. What People Are Saying Florida state Senator Nick DiCeglie, who sponsored the bill, in a statement: "If we can keep one more person in their home to keep them out of the 50 percent rule, that's one person that does not have to deal with the incredibly stressful situation of tearing down their home and elevating." Del Schwalls, a floodplain management consultant, told the Tampa Bay Times: "It's really frustrating. It prevents anyone from trying to fix this flood, repair, flood, repair cycle." Kimberleigh Dinkins, policy and planning director of advocacy group 1000 Friends of Florida, in a statement: "A lot of times, a local government can evaluate the impact that a storm has on their community, and make adjustments to their land development code to make themselves more resilient. Under this scenario, they wouldn't be able to do that." She added: "It's removing one of the tools in the toolbox to increase resiliency. It basically is saying: okay, you have more opportunities to build back in a way that's resulting in flooding." What Happens Next The bill is now awaiting the governor's signature, but DeSantis has not yet indicated whether he will sign the legislation. If signed, the bill's provisions could take effect during the upcoming hurricane season, potentially affecting insurance premiums and building standards statewide amid ongoing market volatility.
Newsweek
26-05-2025
- Business
- Newsweek
Florida Could Block Hurricane Property Damage Defense
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A new bill moving through the Florida legislature wants to give developers in the state more time to adapt to stricter rules about rebuilding after hurricanes—even if that means further delaying better protection for homeowners' properties. Why It Matters No state in the country is more vulnerable to devastating hurricanes than Florida. With climate change making extreme weather events more frequent and more severe, residents of the Sunshine State are facing a growing risk of being hit by natural disasters that could destroy or significantly damage their homes. This same threat is bringing up home insurance premiums in the state, as carriers transfer higher costs to customers. This two-front crisis has left lawmakers in Tallahassee effectively trying to put out several fires at the same time, as they attempt to immediately help residents struggling with rising costs while stabilizing the fragile home insurance industry and housing market and finding a long-term solution to a problem that is only likely to exacerbate in the coming years. What To Know Senate Bill 180, which passed both the Florida House and Senate with nearly unanimous support, tries to "bolster hurricane relief and recovery and enhance response efforts" in the state, according to a Senate press release issued on May 2. Its declared goal is to streamline the permitting system for rebuilding homes after a hurricane "to ensure families can make the repairs they need without being hit with a higher tax bill," while also increasing disaster management planning, emergency resource coordination, and financial transparency. But the bill would also prevent local governments in Florida from adopting any amendment that could impose tougher rules to rebuilding stronger structures after a hurricane for two years. If signed into law, the provision would apply retroactively from August 1, 2024, through October 1, 2027. An aerial view of a home sitting on a road on October 13, 2024, in Manasota Key, Florida. An aerial view of a home sitting on a road on October 13, 2024, in Manasota Key, part of the bill, cities and counties identified by the federal government as disaster areas for Hurricanes Debby, Helene, and Milton won't be able to adopt stricter legislation about where and how to rebuild after a storm hits. Another part of the bill wants to stop local governments listed in a federal disaster declaration and located within 100 miles of a hurricane's path from introducing tougher regulations within a year after a storm strikes their communities. That means that, within that same time frame, developers would be allowed to rebuild destroyed or damaged homes under the same codes that had failed to build properties strong enough to withstand a hurricane. Under the bill, local governments could also be sued by developers if they try to introduce changes considered "burdensome or restrictive." State Representative Fiona McFarland of Sarasota, a Republican, told the Miami Herald that the bill is meant to avoid overregulation after a hurricane. "When there's a tragedy, people demand action. Lawmakers and policymakers sometimes feel that they need to pass a law to prevent this from ever happening again." she told the newspaper. "For one year after a disaster, let's take a pause. That's what the thinking was." What People Are Saying Paul Owens, president of nonprofit organization 1000 Friends of Florida, said in a recent opinion piece: "We'll give legislators the benefit of the doubt, and assume they didn't realize the deeply damaging impact of this provision when they voted for the bill. After all, the final version is 48 pages, with nearly 1,400 lines of text. And it was amended no less than 10 times between its introduction and final passage, likely making its details a mystery to many of the members who voted to approve it. "This is but one example of the deeply flawed process that repeatedly leads to laws laced with unintended consequences." State Senator Nick DiCeglie, a Republican representing Indian Rocks Beach, said in a press release: "Multiple major hurricanes ravaged Florida last year, leaving extensive damage statewide. After a storm, Floridians need a clear path to recovery. "We're fighting for families to focus on rebuilding without additional delays or burdens, especially for those who sustained damage or lost their homes. Working with our state and local emergency responders, we can streamline restoration efforts and improve emergency response coordination, fortifying and strengthening our communities before the next storm." President of the Florida Senate Ben Albritton said in a press release: "Florida has set a high bar as the nation's model in storm response and recovery, It's a testament to our first responders and emergency personnel, as well as the strength and resilience of Floridians in the aftermath of a devastating hurricane. We can always do better. "We are incorporating lessons learned and identifying new opportunities to support community restoration and enhance disaster management through proactive planning and coordination. Through these initiatives, Floridians can focus on what matters most: rebuilding their homes, their lives, and their communities." What Happens Next Critics of the new bill have expressed concerns that local governments won't be allowed to implement changes that would protect their communities from the growing risk of natural disasters. But its supporters, including its sponsors, say that the bill won't have a negative impact on local governments' ability to control development in their territory and the legislation can be fixed in the next session. "We're back in session in January. If OPPAGA [the Office of Program Policy Analysis and Government Accountability] comes up with some alternative ideas for local governments to make changes to their comp plans, I'm absolutely open to making changes," DiCeglie told the Miami Herald. "I'm not convinced that this is going to have a significant negative impact on the ability of local governments to deal with development." The bill is now headed to Governor Ron DeSantis' desk. Newsweek contacted DiCeglie's and McFarland's offices for comment by email on Monday morning.
Miami Herald
23-05-2025
- Politics
- Miami Herald
Florida bill could block communities from rebuilding stronger after hurricanes
Florida communities could be blocked from rebuilding stronger after a hurricane, and more than 44,000 Floridians could see higher flood insurance costs this year if Gov. Ron DeSantis signs into law a new bill designed to help the state respond to storms. Senate Bill 180, which passed with nearly unanimous support in the House and Senate, includes some provisions to help storm-weary Floridians, like a streamlined permitting system for rebuilding homes after a hurricane and additional training for emergency management officials. But it also would weaken local efforts to build stronger structures after hurricanes — freezing any tougher rules for at least two years, potentially allowing developers to rebuild homes under the same codes that had failed to protect property. Another provision would mean a bump upwards in flood insurance rates for tens of thousands of Floridians in twelve communities across the state, including Hialeah and Hollywood. But it's the building code freeze that has drawn the most criticism, including from local leaders in Manatee County and other coastal communities — a measure that would potentially block efforts to make homes more resilient and reduce storm damage. 'It's short-sighted,' said Kim Dinkins of 1000 Friends of Florida, a nonprofit planning advocacy group. 'We said that we want to be more resilient. When is the time going to be to do that if you can't do anything right after a storm?' 'It takes a long time to develop these types of policies.' The bill's House sponsor, Rep. Fiona McFarland, R-Sarasota, says the bill is meant to prevent local governments from over regulating in response to a storm. 'When there's a tragedy, people demand action. Lawmakers and policymakers sometimes feel that they need to pass a law to prevent this from ever happening again.' McFarland says the bill has a fix: 'For one year after a disaster, let's take a pause,' McFarland said. 'That's what the thinking was.' Critics say bill could prevent building back better after storms Under the proposed law, local governments across Florida could see sweeping new restrictions on their ability to control how and where development occurs — and how they build back after storms. One part of the bill prevents cities and counties listed in federal disaster declarations for Hurricanes Debby, Helene and Milton — a majority of the state — from adopting tougher development rules until October 2027. The ban is retroactive to August 2024, also threatening to undo any recent rule changes. Another part of the bill calls for a similar one-year ban anytime a local government is listed in a federal disaster declaration and lies within 100 miles of a hurricane's path. It could renew each time a storm strikes Florida's coast, a regular occurrence for the storm-plagued state. But most worrying to some local governments is a line that explicitly allows developers, or anyone, to sue a local government if it finds any changes 'burdensome or restrictive.' 'Every single developer in the state benefits from this language,' said Manatee County Commission Chairman George Kruse. Local governments, including New Smyrna Beach, Polk County, and Volusia County, all say the bill would block them from implementing already-approved updates to the drainage plans to keep their communities dry. Rep. Linda Chaney, R-Pinellas, one of the lone representatives who voted against the bill, said in a committee hearing that Lee County had already raised concerns to her about the unintended consequences of this bill. 'Charlotte County also contacted me, saying it's prohibiting them from addressing flooding, sea level rise, resiliency issues,' she said. The fight is already playing out in Manatee Manatee County is a case study for how the bill's freeze on local development regulations could play out across Florida, and one of the bill's sponsors directly cites it as inspiration for the provision. When county leaders recently tried to reinstate local wetland protections meant to prevent flooding and environmental damage caused by development, state agencies claimed that the move would violate a 2023 law known as Senate Bill 250. The law bans 10 counties impacted by Hurricane Ian from passing 'more burdensome or restrictive' development rules until October 2026. 'Clearly, wetlands are important when you're getting flooded all over the place,' Kruse said. But under fear of legal action due to Senate Bill 250, commissioners voted to delay passing the environmental protections. Now, Senate Bill 180 could expand such restrictions onto local governments statewide. Kruse argues the legislation goes too far in limiting how communities decide to build back after storms. He also said it gives the state power to 'supersede and take over control' of community planning. 'Finally, Tallahassee was passing a bill that made sense for once. And then you sneak this in under the cover of darkness … you destroyed a bill,' Kruse said. Manatee County residents voted in a majority of the county's board on campaign promises to rein in development and restore local environmental protections. But as they try to make those changes, county leaders are facing opposition from state agencies and local developers who say they'd be violating state law. Four state agencies pointed to Senate Bill 250 in letters opposing the county's recent move to restore wetland protections. And an attorney representing local developers cited the law in objection to the county's move to prevent thousands of new homes from being built beyond the county's development boundary. Legislators defend Senate Bill 180 'That language was in the bill from the very moment I filed it,' she said. 'We worked on it, we amended it. We heard from the League of Cities and the Association of Counties. I worked with them super closely on the bill. I was surprised that suddenly people seem to have an issue with it.' Specifically, DiCeglie points to Manatee County and St. Pete Beach as the inspiration for this portion of the bill. Both places considered a moratorium on development for a short period, but neither ultimately passed one. 'What I don't want to see is those local jurisdictions use a natural disaster as an excuse for a development moratorium,' he said. 'These moratoriums paralyze recovery.' Both sponsors waved away concerns that the provision would have 'unintended consequences' beyond barring the moratoriums it was designed to stop. McFarland said she was not aware of how similar language in Senate Bill 250 has proved to be a roadblock for counties like Manatee that are trying to make local planning changes unrelated to storm recovery. 'That's interesting,' McFarland said. When asked about New Smyrna Beach, where city officials said the proposed bill would block their much-needed drainage improvements after a previous hurricane, DeCeglie said he didn't see how it would impact stormwater regulations and said he'd need to learn more about it. DeSantis has yet to sign the bill into law or veto it, as some local governments have asked. DiCeglie said he worked with the governor's office to develop the bill, as well as alongside the state's emergency management department. 'I can't imagine the governor wouldn't want to support this,' he said. Is your flood insurance going up? Another provision of the bill would raise flood insurance rates for tens of thousands of Floridians and make it easier for residents to avoid doing what disaster experts say the state desperately needs to do — elevate more homes. It bans a practice that adds to the already complicated formula for deciding if someone with a storm-ravaged home can simply rebuild as-is or tear it all down and start over. It brings the state back to the bare minimum required by FEMA and the Florida Building Code, which says that a home with storm damage totaling more than 50% of the value of the home must raze and rebuild. 'If we can keep one more person in their home to keep them out of the 50% rule, that's one person that does not have to deal with the incredibly stressful situation of tearing down their home and elevating,' said DiCeglie. It's a long-standing practice in some coastal communities, where experts say it forces people to rebuild stronger — and higher — to face the next storm by lowering the threshold where people have to elevate their properties. Banning the practice would result in fewer elevated homes, said Del Schwalls, a floodplain management consultant who works for many communities in Florida. 'It's really frustrating. It prevents anybody from trying to fix this flood, repair, flood, repair cycle,' he said. But, after three hurricanes flooded tens of thousands of homes on the Gulf Coast last year, exposing more people to the practice, the tide turned. The state conducted a study of the practice, which found that it 'constrains renovation activity' and does not necessarily lead to more people purchasing flood insurance in those communities. If DeSantis signs the bill into law, it would bar communities from using this cumulative practice. Of the 122 communities that use it, state data show 44 communities would lose points toward discounts on flood insurance premiums. And 12 of those communities would lose enough points that they would no longer qualify for their current level of discount. Per the state study, the communities are: Bay County, Leon County, Orange County, Dania Beach, Jupiter Beach, Palm Springs, Estero, Lake Mary, Hialeah, Bonita Springs, Hollywood and the Pensacola Beach Santa Rosa Island Authority. That would drop about 8,600 Hollywood residents from a 20% discount to a 15% discount, an increase of about $38 for the average policyholder with a premium of $737 a year, according to the study. Statewide, the study found, this change would affect about 44,000 people and raise the cost of flood insurance by $1.6 million statewide, or an average of $36 per person, per year. It's unclear how long it would take from the time the bill is signed until residents face higher flood insurance prices, but it could occur in October, when the agency reviews discounts in all communities. A FEMA spokesperson said the agency does not comment on pending legislation, 'and determinations about CRS retrogrades are made in consultation with local and state officials.' Those communities could go after other policy changes to regain points and re-attain the discount, but it could take months or years to pass those policies through city or county commissions, as well as earn state approval, Schwalls said. 'It's not as easy as just go get more points,' he said. 'It could take a while.'
