PORT ST. LUCIE, Fla. (CBS12) — The City of Port St. Lucie votes against joining a lawsuit that challenges a state law regulating emergency response and development after a hurricane. The city will not join more than 25 other municipalities, including Stuart, Delray Beach, and Palm Beach, which argue that the legislation, Senate Bill 180, violates the Florida Constitution.

The core of the legal challenge is the provision that prevents local governments from enacting stricter planning and zoning decisions on new developments, such as condos and housing projects, for one year following a major storm. The city council says they do not want to make a “hasty decision” regarding joining the suit immediately.

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The new law impacts “home rule,” or the power of local cities to govern themselves. Vice Mayor Jolien Caraballo is vocal about the consequences of the bill: “The emergency provision in this is not only flawed, but in addition to that, it could have longstanding implications on a number of things moving forward as far as for home rule.”

For Port St. Lucie residents, the law could potentially impact the ability of the city to quickly address and remedy zoning complaints after a storm.

However, one council member argues that the political process should be allowed to correct the flaws, stating: “The best legislation is made through the legislative process. The legislator has indicated they’re willing to look at this, make some fixes in January.”

Supporters of Senate Bill 180 argue that it makes emergency response more efficient, eliminating city-by-city hurdles for recovery efforts.

While the council chooses not to join the lawsuit immediately, Mayor Shannon Martin instructs the City Attorney to closely follow the litigation and update the council with any new developments, leaving the door open to join at a later time.

The lawsuit by the cities is the second legal challenge against the law; the non-profit group 1000 Friends of Florida is also suing the state over the environmental impact of the same legislation.

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