The Florida Home Builders Association has joined a legal battle to help defend a new state law that includes blocking cities and counties from approving “more restrictive or burdensome” changes to growth plans.
The association and one of its members, Northwest Florida builder Alton Lister, intervened Tuesday as 25 cities and counties and the growth-management group 1000 Friends of Florida seek a preliminary injunction against the wide-ranging law (SB 180), which lawmakers said was designed to help the state recover from hurricanes in 2024.
“Plaintiffs’ attempts to enjoin Senate Bill 180 in its entirety would greatly (and negatively) affect ongoing work of the association’s members and affiliates throughout the state,” the builders’ motion to intervene said. “Increased red tape, costs and delays are just some of the cascading effects of the relief plaintiffs seek (and to which they’re not entitled).”
Leon County Circuit Judge Angela Dempsey, who approved the motion to intervene, will hold a hearing Friday on the plaintiffs’ request for a preliminary injunction and a request by state officials to dismiss the case.
In a document filed Monday, attorneys for the plaintiffs wrote that the law “has caused confusion and turmoil in all counties and municipalities in Florida.”
“Counties and municipalities are spending significant funds to take actions required under SB 180 and are approving projects that, but for SB 180, would not be approved,” the plaintiffs’ attorneys wrote.
The local governments filed a lawsuit in September, and 1000 Friends of Florida and Orange County resident Rachel Hildebrand followed with another lawsuit. The cases were later consolidated.
Most of the attention has centered on part of the law that effectively freezes local land-development regulations and comprehensive plans through Oct. 1, 2027, and was made retroactive to Aug. 1, 2024.
The plaintiffs’ attorneys, in part, have alleged the law violates local governments’ home-rule authority, violates a constitutional single-subject requirement for legislation and strips the ability of cities and counties to manage growth.
In Tuesday’s motion to intervene, the builders’ attorneys pointed to “adverse effects” if Dempsey grants the plaintiffs’ request for an injunction.
“Plaintiffs don’t like SB 180’s bar on local construction moratoriums and more burdensome land use regulations,” the motion said. “If these provisions of SB 180 are enjoined, however, construction timelines would suffer. Projects already underway or planned for a storm-damaged area could suddenly be halted because of a local freeze or a new land use regulation that has the practical effect of a freeze on development.”
The law drew little opposition during this spring’s legislative session after hurricanes Debby, Helene and Milton hit the state in 2024.
It addressed numerous issues, such as debris removal, mutual-aid agreements and building-permit and inspection fees, and DeSantis has defended the measure as primarily helping people whose homes were damaged to rebuild without government interference.
The lawsuits name as defendants Florida Department of Commerce Secretary J. Alex Kelly, Division of Emergency Management Director Kevin Guthrie, Department of Revenue Executive Director Jim Zingale and state Chief Financial Officer Blaise Ingoglia. The lawsuits said those state officials have roles in carrying out the law or in local-government money.
Lawyers for the state officials have raised a series of arguments in seeking to dismiss the case and scuttle a preliminary injunction, including contending that the plaintiffs don’t have legal standing to challenge the law.
–Jim Saunders, News Service of Florida
Laurel says
Screw the developers! This is not about hurricanes, this is about developers, and businesses, having complete control over our cities and counties, without what we want locally. We would have no say! Poor babies crying how hard it is now, after they have already raped this beautiful state! It’s all about money, and that’s it. Is that what you want? Let them pave over everything, making cheap, cookie cutter communities, take the money and run? They already relocated gopher tortoises to where? Sometimes they simply push dirt over them, burying them alive. Knock down eagles’ nests. Cut down native, established trees. They don’t give a damn what the locals want.
When you build, you follow rules. It’s not that big a deal. This administration needs to go!
Dusty says
Developers and their buyers must pay for the infrastructure upgrades that the community will need as a result of the new homes being built. This should be an upfront investment by then and not out in the current taxpayers. Yes the new will eventually pay taxes but small communities and cities should not be burdened with the needed investment.