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Pasco planning code change narrows application of Senate Bill 180 to hurricane‑damaged properties; county seeks legislative clarification
Summary
The BCC opened a public hearing on an amendment to the Pasco County Land Development Code (section 106.6) that would limit application of Senate Bill 180 to properties damaged by hurricanes. Staff said the change implements the board’s previous direction and is intended to reduce legal exposure.
Pasco County staff presented a first public hearing on a proposed amendment to the county Land Development Code to add Section 106.6, which would limit application of Senate Bill 180 to properties damaged by hurricanes.
Rebecca Bogue, planning division, explained the amendment is intended to make county code changes consistent with the board’s earlier direction on how to interpret Senate Bill 180: "So as part of that conversation, the county board of county commissioners directed the county to proceed with business as usual, except where those any new regulations might affect a property damaged by a hurricane. So we're proposing section 106.6 amendments after 08/01/2024," she said.
County counsel and senior staff told the board the state bill is ambiguous and subject to competing interpretations. One senior legal speaker said the amendment represents an interpretation that limits the bill’s reach to hurricane‑damaged properties and that several other counties joined a legislative proposal to clarify the law. "I can't tell you definitively that the courts gonna uphold that interpretation or not, but ... it is consistent with what the board directed us," the counsel said. He added the county has submitted a legislative proposal to the Florida Association of Counties asking the Legislature to limit the law’s scope.
Planning Commission recommended consistency with the comprehensive plan and suggested additional language to reflect proximity, tract and landfall issues and a clearer definition of "properties damaged by a hurricane." Staff incorporated the planning commission’s recommended clarifying language in italics in the draft and noted the planning commission vote was unanimous in finding consistency.
The hearing is the first of two public hearings; staff said they plan to bring the item back for adoption on Sept. 16. Several commissioners and staff acknowledged uncertainty about how courts will interpret Senate Bill 180, but said adopting a limiting interpretation now may provide a better defense than ignoring the statute.
Ending: The board held no vote to adopt the amendment on Sept. 3; staff will return for a final adoption hearing at the date advertised, and the board asked staff to continue monitoring state legislative and litigation developments.
