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.
JC says
MK Laguna: Do you have nothing better else to do with your life than go on social media and bitch? You don’t have to live in Palm Coast, you can always move out if you hate it so much. No one is required to live in Palm Coast, it isn’t a law that MK Laguna must live in Palm Coast
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.
Ed Danko, former Vice-Mayor, PC says
Pontieri was in favor of a building moratorium before she was opposed to a building moratorium once there was actually enough votes to pass a moratorium, which now she is in favor of again, but doesn’t want to take any legal action at the moment and spend valuable political capital, but instead promises to admit she’s wrong in case this legislation isn’t changed by lobbyists in Tallahassee. Talk about an Kamala word salad! Again, she speaks out of both sides of her mouth effortlessly, and we all know she will never ever admit she was ever wrong about anything!
NJ says
Time for “We the People” to STOP the Destruction of Palm Coast and the rest of Flagler County by the Realtor, Contractor, Developer CARTEL! FIGHT! FIGHT! FIGHT!
Deborah Coffey says
Just a reminder to everyone: Two major causes of the Great Depression were sending all the money upward to the wealthy and deregulation. Remember the Great Republican Recession of 2008? Same thing: “W” tripled down on “trickle down economics” and deregulation. Some people just never learn!
Council says
What strong personality is going to step up to the plate to run against Pontieri in her new campaign to ditch Palm Coast and move on to the Flagler County Commission?
I nominate “Laurel” who posts on this site on a regular basis.
Brandon says
Flagler republicans are happy to kneel and lick the boots of their fascist leaders.
JC says
Council: Who is going to vote for “Laurel,” the 20 same people who complain on FlaglerLive left/right?
To "JC" says
“JC” this is the United States. You’re complaining about people complaining, but you post nothing but negative comments continuously. Look in the mirror. What’s the chip on your shoulder?
I would vote for “LAUREL” over Pontieri. Okay?
Are you not aware that Pontieri has already moved on from Palm Coast City Council and is now actively running for Flagler County Commission?
My prescription for you is to do some work on your negativity.
JC says
To the person who responded to my post, the comments here on FlaglerLive are infamous for angry boomers who complain non-stop in their golden years and complaining about the things that are changing and they are in the minority.
Laurel says
😂
Laurel says
Council and To “JC”: Thanks for the support, but I’m afraid that I am diplomatically disabled!
Unfortunately, there are some folks out there who like to blame boomers for their lot in life. Just another convenient distraction. Boomers are hard working people who pressed forward throughout obstacles. They also feed the market with their retirement money, by patronizing restaurants, hotels, shopping and the like, creating jobs, and by volunteering in many charities.
I worked, solid, from age 16 to 61, and put up with a lot, and I mean a lot, of crap, and relying on no one. Many of us retired well, while many others had problems, such as health problems, that made their lives more difficult, but these younger folks now think we owe them something. Maybe we owe them the lessons of confidence to move ahead on their own. Some are starting to do that, thank goodness.
Do we complain a lot? Yeah, probably. But I see more anger in JC’s comments than in mine. I get so disappointed when money in politics is more important than the regular people, and locally, the residents who elected these politicians to represent them. I am seeing that the politicals in charge, on both sides of the isle, pay far more attention to the billionaires, and in our state and local area, the developers, than they do the residents. A county, public meeting, on the subject of beach repair, had so many residents that they were out the door. It was more than obvious what the residents wanted, but their voices were ignored. Flat out ignored. The residents of Bunnell said they didn’t want their city sextupled, and they were ignored.
This area is one of the last coastal areas to be developed. It could be done, so, so much better, simply by observing what other areas have learned before them. Money to the few always outweighs the desires of the many.
Is the Palm Coast council being prudent? It looks, to me, more like being afraid to rock the current boat. This state has become way too far to one side. The only resolve is to stop voting for a letter, and start looking, and listening, to others outside our bubbles, and start residents’ grass roots programs that work for most us, not just a few of us.