Council to seek formal resolution on state law change after debate over 5‑year FEMA 'look‑back' rule

Bonita Springs, Fla. — Bonita Springs City Council discussed the implications of Florida Senate Bill 180 for local floodplain rules and directed staff to prepare a resolution clarifying the city’s approach while state and federal officials finalize guidance.

Council Member Corey opened the discussion, saying the bill limits cities’ ability to apply multi‑year “look‑back” rules used in some local ordinances to treat multiple repairs or renovations as cumulative for floodplain substantial‑improvement calculations. Corey said the change has prompted concerns from realtors and homeowners and told the council he would circulate an ordinance amendment to remove the city’s five‑year look‑back and a resolution to suspend enforcement until the ordinance process is complete.

City floodplain staff explained technical distinctions. The city’s floodplain manager reported that Senate Bill 180 addresses the definition of substantial improvement (work not tied to a damaging event) rather than the federal substantial damage standard. Staff noted that the former five‑year cumulative approach had previously been part of the city’s ordinance to earn points in FEMA’s Community Rating System (CRS); removing the look‑back can affect CRS points and therefore flood‑insurance discounts for residents unless carefully coordinated with state and FEMA officials.

Staff said the Florida Department of Emergency Management and the state floodplain office were negotiating with FEMA on how to implement the law and that local changes to the city’s ordinance must be reviewed and coordinated through the state to avoid unintended consequences. Staff reported they are preparing draft ordinance language and recommended the council consider a short pause to monitor state/federal guidance rather than immediate unilateral code repeal.

By the meeting’s end council members expressed support for preparing a formal resolution; staff indicated they would place a draft resolution on the next agenda and continue coordination with the state flood office and FEMA. The council did not adopt an ordinance at the meeting; they directed staff to return with a resolution and continued analysis.

Why it matters: Changes to local substantial‑improvement rules can affect property sales, permitting and residents’ flood‑insurance premiums because the Community Rating System score is sensitive to local ordinance language. The city warned that hasty or uncoordinated ordinance changes could trigger FEMA review and potentially reduce CRS discounts.

Speakers included Council Member Corey, floodplain manager (name given in the meeting record), city attorney and planning staff; the record shows staff will prepare a resolution and remain in communication with state and FEMA offices.