Florida lawmakers are rethinking a new law which blocks a host of planning efforts by cities and counties and has already drawn a pair of lawsuits from governments and development watchdogs.
The law, which bars any local planning changes considered “more restrictive or burdensome” than those already on the books, is derided as a political gift to builders and developers. The industry lobbied hard for its passage during the last legislative session.
Now, in a lawsuit seeking to overturn the law, 23 cities and two counties called it the “largest incursion into local home rule authority” in Florida’s modern history. One of the cities, Deltona, recently withdrew from the lawsuit after a holding another vote spurred by the appointment of a new city commissioner.
Opponents say a new state law “hamstrings local governments from dealing with growth issues in their communities.”
But legislation by Sen. Don Gaetz, R-Niceville, and Rep. Shane Abbott, R-DeFuniak Springs, would scale back the controversial law, exempting some counties from the scope of the planning ban.
Under the proposal, a majority of counties, though, would continue to cope with the developer-friendly standard, according to 1000 Friends of Florida, which also has filed a second lawsuit against the measure.
In an email, 1000 Friends has said the law “hamstrings local governments from dealing with growth issues in their communities.”
More changes may be coming to planning law
There are other signs that changes may be coming when lawmakers reconvene in January.
Sen. Nick DiCeglie, R-Indian Rocks Beach, who sponsored the bill (SB 180) creating the tough standard, told the USA TODAY NETWORK – Florida that he’ll be seeking to tone down the law, although he hasn’t filed legislation yet.
“I think it’s going to be a lot more efficient and cost beneficial for us to fix it in the Legislature versus seeing this play out through the courts,” DiCeglie said earlier this month.
DiCeglie also told a Pinellas County publication that he’s heard from fellow lawmakers who want to ensure the new law is “directly tied to hurricane response.”
“That was the spirit of the bill from top to bottom,” DiCeglie said. “It’s my full commitment to make a very challenging situation at the moment much, much better.”
Portrayed as helping to improve emergency response after hurricanes and floods, the law has blocked local governments from updating comprehensive plans and from making even routine revisions to development codes.
The law empowers development companies and even private citizens to sue local governments for changes to planning laws imposed since August 2024. It also keeps any stricter planning provision off the books until at least October 2027.
New law overturns 25-year plan, threatens building pauses
Under the law, the state has overturned Orange County’s new 25-year comprehensive plan and threatened building moratoriums approved in Deltona, Edgewater and Treasure Island.
A transportation plan set for Osceola County faces a possible challenge and Manatee County delayed the reinstatement of wetlands protections fearing it could violate the developer-friendly standard, officials said.
Windermere has paused action on a new tree ordinance, Lake Park has shelved an historic district plan, and Naples, Jupiter and Stuart have received notices they’re being sued over various actions.
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While the law includes some provisions that even critics say help bolster state and local emergency response, it’s also become a weapon used by developers to fight restrictions on growth.
The counties suing are Manatee and Orange. The almost two-dozen cities include Delray Beach, Destin, Alachua, Stuart, Naples, Palm Beach, Jupiter and Fort Lauderdale.
Like the governments’ lawsuit, the 1000 Friends challenge alleges constitutional flaws in the law. That lawsuit includes an individual Orange County property owner and 1000 Friends members across four counties who say they’ve been hurt by the state’s blocking of local planning protections.
State records show that some of Florida’s largest builders lobbied lawmakers in support of the law. Among them are On Top of The World Communities, the Kolter Group, North Lake Communities, Highland Homes and Associated Builders & Contractors.
John Kennedy is a reporter in the USA TODAY Network’s Florida Capital Bureau. He can be reached at jkennedy2@gannett.com. Follow him on X: @JKennedyReport.
This article originally appeared on Tallahassee Democrat: Florida may scale back controversial planning law