The Palm Coast City Council today said it is declining to join a lawsuit by 25 other local governments against a new state law, known as SB180, that has sharply restricted governments’ regulatory authority on local development. Bunnell, Flagler Beach and county government have also declined even as they have all, with Bunnell’s exception, been strongly critical of SB180.
Council member Theresa Pontieri pushed back against Mayor Mike Norris’s suggestion to join the lawsuit, saying the city should not risk its political capital by alienating lawmakers whose help and appropriations it needs, at a time when lobbyists are near certain that the law will be amended by next March. If it isn’t, then Pontieri is all for suing.
The new law, passed unanimously by the House and Senate last March and April, was intended to ease regulatory burdens on residents and businesses rebuilding after natural disasters. But it includes provisions that go much further, including prohibiting counties and cities from adopting any regulations considered “more restrictive or burdensome” on developers until 2027, and retroactive to 2014.
The key phrase is not defined, leaving local governments erring on the side of paralysis for fear of lawsuits. The paralysis has essentially granted something close to a blank check to developers, with effects felt in Palm Coast: the Flagler Home Builders Association cited a violation of SB180 among its rationales when it sued the city earlier this month over the council’s unanimous adoption last June of steeply higher development impact fees for fire, parks and transportation.
Palm Coast Mayor Mike Norris today sought his colleagues’ support to join the lawsuit, filed on Oct, 6 in Leon County. It would have cost Palm Coast a $10,000 retainer to join. Norris had discussed it with City Attorney Marcus Duffy. “Mr. Duffy’s recommendations is that we should entertain that,” he said.
“We can’t continue to allow for our home rule rights to be eroded by the legislature,” Mayor Mike Norris said, “and if it’s going against the state constitution, and the way our constitution is set up, I think we need to be a part of that to fix it, because we are a prime example of when development has been too much for a community, and I think we need to seriously consider that.”
“I totally agree, but we want to take the most effective route,” Council member Dave Sullivan said.
Pontieri attended the Florida League of Cities’ Institute for Elected Municipal Officials last weekend in Orlando, where a three-hour discussion took place on home rule “or lack thereof,” she said. There are “a ton of lobbyists” for the League of Cities currently pushing to have SB180 amended, she said.
“Nobody, I don’t think, speaks about home rule and local autonomy more than I do, but I do not suggest we get in this thing,” Pontieri said. “I am in touch with our officials at the state level so often, and there are three things that they recognize and are very confident will be changed.”
One of them is the geographic scope of SB180, which currently makes any jurisdiction subject to its provisions as long as it is within a 100-mile swath of a disaster area. In essence, that means every jurisdiction in the state.
One- and two-year windows subsequent to a disaster, when the law’s most onerous provisions are in effect, will also be revised, Pontieri said, based on her discussions. “Also, they understand and agree that the unduly burdensome language is vague and ambiguous, and all those things that make it unconstitutional.”
By mid-March, when the legislative session is over, “we will know exactly what the proposed legislation is going to be. I just think we save the time, the taxpayer dollars, we keep our team out of that lawsuit for now and just wait, because there’s a ton of outcry on this thing,” Pontieri said. “There will be changes to it. If there aren’t, I will admit that I was wrong, and I will say, let’s take it to the helm. But I don’t think with everything else that’s going on, with all the other cities that have jumped on this thing, I just don’t think that’s where we put our political capital as a city.”
Pontieri said the city needs help from its lawmakers with more funding for various projects (wastewater, stormwater, roads), keeping in mind the “absolute disgrace” that every single lawmaker in the state voted for SB180. “Being confident that there will be changes made, I just don’t think that we join a lawsuit that attacks all of them, knowing that we’re going to need certain help from them in the future,” Pontieri said.
Council member Charles Gambaro said that doesn’t preclude council members to go to Tallahassee and personally lobby for the changes.
Norris conceded. “We can hold off, but we need to be prepared for that, because we can’t allow this to continue on,” he said. “We’ve got to be willing to step up for the taxpayers and do what we need to do.”
Twenty-six local governments had originally filed the lawsuit, including Deltona and Edgewater, both in Volusia County. Deltona last week, in a 4-3 vote of its commission, voted to back out for reasons similar to those Pontieri gave not to join the lawsuit.
MK Laguna says
Um and why not? Have the developers upgraded your salaries. Or have they discovered where the bodies are? Palm Coast is pathetic with all of this overgrowth of homes. The insane lack of infrastructure, medical care- yep, I said it, try to get an appointment with a Dr here…..you CANT! Schools are rated like crap, but hey! As long as the developers are lining the personal pockets of the City/County – then build build build. Lets not forget, we were reminded, THEY will worry about the roads AFTER all this mess is built. SHAME ON YOU THERESA PONTERI. Shame on all of you for thinking, if you didnt join this suit, we’d be cut off from funding. Thanks for continuing to destroy this City. I will be sure to post on every new developments social media how corrupt it is to live here, survive water bills and your BS.
Jean says
I thought Norris won by claiming he would control development. The DeSantis drill and build bill prevents that but only within a year of DeSantis declaring an emergency as after a hurricane. So since there hasn’t been in a year, there’s no excuse to not control development. Last I heard Norris was getting the boot with the help of DeSantis. Gee, no wonder he jumped ship on controlling development.
Laurel says
This county is endlessly disappointing. A developer’s dream.
Postalmet says
We don’t want to do what is right because someone won’t like us. Better to hope someone will fight for change that way we can tell the winners how compliant we are.