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Volusia council authorizes staff to seek amendments to Senate Bill 180, citing home‑rule concerns
Summary
Volusia County Council on Aug. 5 unanimously authorized staff to seek targeted amendments to Senate Bill 180 to protect local enforcement powers and limit a retroactive preemption that could nullify local rules adopted after Aug. 1, 2024.
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The Volusia County Council voted 7‑0 on Aug. 5 to authorize legal staff and the county’s lobbyists to seek amendments to Senate Bill 180 that would narrow a retroactive preemption affecting local land‑use and stormwater regulations. The council asked attorneys to pursue changes clarifying that counties may continue to enforce rules adopted before a hurricane or that regulate non‑post‑disaster conditions. Why it matters: Councilmembers and multiple members of the public argued SB 180’s broad retroactive language could strip counties of home‑rule authority and invalidate local rules put in place after Aug. 1, 2024. County leaders said the bill contains language intended to speed recovery after hurricanes but that late amendments to the bill made some provisions much broader than the stated intent. What council asked staff to seek: County legal staff proposed edits to two sections of SB 180 that currently restrict local governments’ ability to enforce “more burdensome or restrictive” standards after a hurricane and that apply retroactively to measures adopted after Aug. 1, 2024. The council approved asking the county’s lobbyists and legislative delegation to pursue language that would preserve local authority to “enforce” existing standards while preventing new, retroactive restrictions on properties damaged by storms. Public input and legal context: Speakers urged the council to either amend the bill or join lawsuits filed by other counties to defend home rule. County attorneys advised that legal challenges face standing hurdles and that working with the legislature to target specific language is a more pragmatic path. County staff also prepared draft amendment language and noted that SB 180 includes a separate emergency preemption that is narrower and tied to specific hurricane events. Ending: Councilmembers described the vote as an effort to protect municipal home‑rule and local land‑use tools while still recognizing the state’s intent to speed post‑storm recovery. Staff will coordinate with the county’s lobbyist and legislative delegation to seek agreeable language during the next legislative session.

