County attorneys brief new charter commission on home rule, Sunshine Law and SB 180 limits

County attorneys briefed the newly formed Volusia County Charter Review Commission on the scope of the county charter, Sunshine Law requirements and ethics obligations, and described recent state legislation (Senate Bill 180) that imposes temporary statewide preemptions on local land-development regulations.

Mike Dyer of the county attorney’s office reviewed how the county charter expands local authority: ‘‘A charter county . . . has all authority as a charter county unless the legislature says you do not have that authority,’’ he said, summarizing the difference between charter and non‑charter counties. Dyer listed longstanding charter powers that affect countywide regulation, including environmental minimum standards (tree protection, aquifer and stormwater protections, wetlands and beach and dune protections) and a countywide growth-management role in consistency between city and county comprehensive plans. He also noted charter provisions that set council term limits (eight consecutive years) and salary caps for the county chair and council members; staff provided current capped figures for reference.

Dyer warned the commission about the recent passage of SB 180. He told commissioners the bill ‘‘provides some rather strong preemption’’ and said it prevents local governments from adopting more restrictive land‑development regulations related to development until 2027 and can extend that limitation for one year after a qualifying hurricane event. He also said a legal change already in state law narrows what this commission may place directly on a ballot: proposed charter amendments that preempt land‑use matters (development orders, land‑development regulations, comp-plan changes or voluntary annexations) cannot be placed on the ballot by this commission, though a governing body may do so.

Russ Brown, also with the county attorney’s office, gave an overview of Sunshine Law, public-records and ethics rules. Brown summarized the three basic Sunshine requirements: meetings of public boards must be open to the public, give reasonable notice and maintain minutes or a record. He cautioned members about written communications among two or more members (email, text, social media) on matters likely to come before the commission and advised a conservative approach: ‘‘When in doubt, don’t,’’ he said, addressing how to avoid inadvertent Sunshine Law violations. Brown and staff recommended that commissioners forward any communications about commission business to the official repository email so staff can archive and, if necessary, produce records in response to public-records requests.

Members of the public raised concerns in the public-participation period. Joe Glubach of New Smyrna Beach asked whether the commission’s work was coordinated with city charter updates and requested that meeting agendas and materials be published so voters can follow the process. Dana McCool of Deltona urged commissioners to guard home rule and to be mindful of deep community divisions, saying the public is “very vulnerable” and advising the commission to work to bring people along. Mike Panayatowski of Tomoka Farms Village said the Volusia County Council was preparing a third reading on an amendment to the county land‑development code that would remove 51 special exceptions; he urged the commission to review those changes because they affect overlay zones and protections for rural areas.

County staff told the commission the next meeting will follow the listening sessions and that staff will prepare summaries of public input and link recordings and minutes for commissioners to review before the next meeting.

The presentation and question-and-answer period concluded without formal action; the commission’s next meeting will focus on reviewing listening-session input and setting committee work plans.