My last Eco Minutes on Hurricane Melissa discussed the catastrophic destruction from severe storms and how the building codes had been updated after Hurricane Andrew to protect new construction from the more severe damage. The ability to change building codes in response to storm damage came to a grinding halt with the passage of SB180 in the 2025 legislative session. The sponsor of the bill explained that it was a way to let homeowners impacted by hurricanes, and apparently any others within 100 miles, rebuild their homes quickly and with a minimum of regulation and additional costs to meet any new standards.
Setting aside for the moment the wisdom of rebuilding a storm-ravaged community in the same location to the same standards and its apparent assumption that there won't be any future storms hitting them, that's not the extent of the actual impacts of that legislation. In analyses of SB180 by floridapolitics.com and 100 Friends of Florida, it was found that local governments are now barred from imposing construction moratoria or adopting land use regulations for one year following a hurricane if they are located within 100 miles of the storm's treasure track and covered by a federal disaster declaration.
For Hurricanes Debbie, Helene, and Milton, the bill provides similar prohibitions on construction moratoria and burdensome or restrictive regulations. These provisions apply until October 1, 2027, and are applied retroactively to August 1, 2024. The law further allows residents and business owners to sue local governments over any ordinance or development regulation that they deem burdensome or restrictive, or during the recovery period, a successful challenge can result in injunctive release in attorney's fees. It also prohibits building departments from raising inspection or permit fees for 180 days after a state of emergency declaration and forbids local regulations that require older structures to be brought up to current building standards when renovations or repairs are made in municipalities participating in the National Flood Insurance Program. But it doesn't only cover hurricane-ravaged communities.
So far, more than a dozen local governments across Florida have received letters from state land planning agency, the Department of Commerce, declaring that proposed planning or land use policy changes are null and void under SB180. In many cases, those local updates were designed to protect water quality and supply, strengthen stormwater management, protect sensitive natural resources and agricultural lands, prevent urban sprawl, regulate locations, standards, and densities of new development, and improve community resilience to lessen impacts of future storms. In one of the most troubling examples, previously voter-approved comprehensive plan changes are now in limbo under SB180.
What this means is that the state has stripped away local government home rule authority to plan for the future and eliminated the rights of citizens to help shape their communities through planning. These rights have been foundational to Florida's planning process since 1985. SB180, which went into effect on July 1, 2025, decimates the ability of every county and municipal government in Florida and their citizens to adopt new policies that fit their communities.
Why should you care? First, this is a gift to developers who coincidentally fund the campaigns of many elected officials, and we should all care about a quid pro quo. But again, assuming that the bill's supporters were simply looking after what they sincerely thought was in the best interest of their constituents, this is still terrible legislation. It may seem like a good idea to let storm-ravaged communities rebuild as quickly as possible without enforcing new standards, and Lord knows I wanted to get my house back together after Ivan, but many of my neighbors who did just that have flooded repeatedly since then. Even though I have had no insurance claims since 2004, my homeowners' insurance premium has more than tripled while I've watched my neighbors repair their homes several times. I'm sure the neighbors who raised their house several feet are pretty happy they don't have to worry about flooding and damage as they did in the past, as I am with the stronger roof straps, storm-resistant windows and doors, and other storm-related improvements.
Additionally, this law puts rebuilding ahead of protecting water quality, preserving agricultural lands, and preventing urban sprawl, and is a slap in the face of the many people who take part in local government decision-making. Due to strong opposition to this law from many communities around the state concerning their loss of home rule and several lawsuits, some legislators have said that they plan to revise SB180 in the upcoming session. If growth management issues interest you, learn more about this law, and if you have an opinion, let your state representatives know how you feel. If growth management issues interest you, learn more about this law, and if you have an opinion, let your state representatives know how you feel.
