The Deltona City Commission on July 7 declined to withdraw the city’s December 2024 Live Local ordinance (Ordinance O2‑2025) after receiving a pre‑suit notice from Howland Station Condo Developers LLC that cited Senate Bill 180. The commission authorized city legal staff to respond and participate in defending the ordinance.

City Attorney Tricia Resivia told the commission the pre‑suit notice arrived June 27 and invoked SB 180’s pre‑suit and fee provisions. Under SB 180, a party may notify a local government that a recently enacted land‑use rule is "more restrictive" than a previous regulation; if the local government does not retract within the statutory window, the statute provides remedies including potential attorneys’ fees. Resivia said revocation of the December ordinance within the SB 180 window would likely prevent a fee award under that statute but would not automatically resolve an existing, separate lawsuit related to the applicant’s prior land‑use filings.

At the meeting the commission faced two distinct votes. First, the body voted to authorize legal participation and to keep the December ordinance in place while the city defends against the pre‑suit claim. That motion, approving Resolution No. 2025‑73 to participate and respond to the pre‑suit notice, passed 5–2. "I move to approve Resolution No. 2025‑73," Commissioner Hovington said; the motion was seconded and carried on the commission floor.

Commission discussion included views on litigation costs and on whether the commission should repeal the ordinance to avoid potential fee exposure under SB 180. Commissioner Lully said he would not support revoking ordinances the commission had lawfully adopted and favored defending the city’s position; other commissioners urged caution about legal costs and suggested prioritizing local infrastructure. Public commenters were split: some urged the commission to challenge SB 180 as a loss of local home‑rule authority; others urged fiscal restraint and to avoid expensive litigation.

Second, the commission considered broader legal strategy on SB 180 and whether Deltona should participate in a multi‑jurisdiction coalition to challenge the statute. City attorneys reported outreach to other municipalities and to a firm with litigation experience on similar statewide issues. The commission approved a separate resolution (Resolution No. 2025‑74) directing staff to continue exploring options and to pursue coalition development and legal research, with the firm Weiserota (lead attorney Jamie Cole referenced in staff discussions) noted as one potential outside counsel. That motion was amended so any formal engagement or plaintiff status would return to the commission for final approval; the amended motion passed 4–3.

City attorneys emphasized that withdrawing the December ordinance would stop this SB 180 pre‑suit from progressing to litigation under the statute, but would not necessarily resolve the separate, already‑filed lawsuit related to the same property. The city attorney also said Deltona would continue to assess legal theories against SB 180 and recommended returning to the commission with a formal engagement agreement and cost estimates before joining any coalition as a named plaintiff.

Votes and formal motion language are recorded in the meeting minutes; staff said any subsequent legal agreements or intergovernmental coalitions would be presented to the commission for approval.