MIAMI – Some two dozen city and county governments are suing the state of Florida over a new law that limits the way these governments can make decisions about developments.
Orange County, the town of Windermere, and the cities of Deltona and Edgewater in Volusia County joined the lawsuit Monday against several Florida officials.
The lawsuit challenges the legality of SB 180, a bill passed by the Florida Legislature and signed into law by Gov. DeSantis earlier this year.
The initial purpose of the bill was to help communities rebuild after hurricanes Debby, Helene and Milton.
Then, on May 2, right before the bill was approved by both the Florida House and Senate, an amendment was added.
[WATCH: Florida state bill could impact flooding prevention]
Now, in any county that was under an emergency declaration by any of those hurricanes, local governments could not propose or adopt any plan with more “restrictive or burdensome” regulations for development.
This included any local government comprehensive growth plans, or moratoriums on construction or redevelopment of any property damaged by hurricanes.
The law also made the changes retroactive. The law allows the state to freeze any zoning or planning changes set to take place between Aug. 1, 2024, and Oct. 1, 2027.
The local governments suing the state say the law strips cities and counties of the “home rule” to manage growth and development within their communities, thus making the law unconstitutional.
Since the law went into effect, the state has notified several local governments that their comprehensive plans are in violation of the law.
In July, the Florida commerce secretary informed Orange County that its comprehensive plan amendment violated the law because it was “more restrictive or burdensome.”
[WATCH: Rural residents fight off mega housing project near Lake Pickett]
The county’s efforts in recent years to control growth led to voter approval to establish a rural boundary.
Resident campaigns have also stopped developments in several areas.
In August, the city of Edgewater voted to defy the law and not repeal its moratorium on new construction. That ban was put in place while the city tries to come up with solutions to its massive flooding issues.
In June, the city of Deltona also approved a moratorium on residential development, in defiance of SB 180, because it said it couldn’t keep up with flooding and emergency services.
The Town of Windermere had to pause an ordinance to require more mitigation by developers when it comes to tree protection.
The lawsuit says SB 180 has also emboldened developers engaged in, in some cases, years-long battles over housing projects. Orange County, for instance, is currently dealing with two different lawsuits over the decision not to pursue development of the Lake Pickett area.
The suit says fighting these lawsuits, as well as dealing with the cost of redoing comprehensive plans, will end up costing taxpayers money.
Other local governments are also struggling because of SB 180.
Last week, the city of Ocoee challenged the Florida Department of Commerce in its own case before the Florida Division of Administrative Hearings, after the agency notified the city that its comprehensive plan was “null and void” under the new law.