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Punta Gorda council votes 3-2 to repeal 2023 land‑development ordinance amid state law concerns
Summary
City council approved a second-reading ordinance declaring the 2023 land‑development ordinance null and void ab initio under Senate Bill 250 and related 2023 statutes, after a long public hearing and divided legal opinions about whether surgical edits or full repeal best limit litigation risk.
Punta Gorda City Council voted 3-2 on July 2 to repeal the 2023 ordinance that adopted new land development regulations (LDRs), declaring the ordinance null and void ab initio pursuant to Senate Bill 250 and related 2023 legislation.
Council members and outside counsel urged caution about litigation risk from conflicting interpretations of the state laws; other council members argued repeal was the clearest path to restore regulatory certainty for property owners and developers.
The repeal ordinance reads that the city—ouncil eclares ordinance 2012-2023 repealed as null and void ab initio pursuant to Senate Bill 250, Florida laws, specifically chapters 2023-304, section 14 and chapter 2023-349, section 15. The council took public comment at the second reading; more than a dozen residents and property owners addressed the council, asking both for and against repeal and urging protection for waterfront and historic areas.
Why it matters: City legal advisers warned that under SB 250 (and the subsequently enacted SB 180) private property owners and residents can sue a municipality over any action adopting measures they deem "more restrictive or burdensome" during the recovery period the laws address. The council and outside land-use attorneys disagreed on whether the city could "surgically" amend portions of the 2023 LDRs or needed full repeal to avoid exposure to attorney-fee awards.
Council debate and public comment: Outside land-use attorney Mr. Gabriel, retained as an expert on the subject, advised the council that the ordinance falls squarely within the reach of SB 250 and is "null and void" under the statute. City attorney Leskovich and other municipal counsel said a line-by-line or section-by-section approach could be legally defensible in some circumstances and would be more targeted. Council members described having received divergent legal advice; several said the uncertainty itself imposes costs and delays on development and city operations.
Residents who spoke during the public hearing gave divided testimony. Some urged repeal to remove the litigation risk and to restore the prior regulatory baseline; others said they feared repeal would weaken waterfront and environmental protections. Several speakers urged the council to conduct thorough public workshops if it repealed and then rewrote the regulations.
Action taken: The council approved the second reading and adoption of the repeal ordinance (motion carried 3-2). The motion text on the record was to approve the second reading declaring the 2023 ordinance repealed and null and void ab initio. The record does not list individual yea/nay votes by name.
Next steps: Council members directed staff and counsel to notify the state as required and to schedule further discussion of the city comprehensive plan and any follow‑up amendments. Councilmembers and staff also discussed holding workshops to develop a replacement code, with particular focus on downtown height, density, parking and setbacks.
Ending: Councilmembers said they expect additional legal and procedural steps, including a separate agenda item on the comprehensive plan in August; they emphasized that any new or amended rules will be developed through public meetings and further legal review.
