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Deltona commission adopts temporary moratorium on residential development; city attorney warns state law may bar moratoria
Summary
The Deltona City Commission approved Ordinance 29-2025, a nine‑month moratorium on residential development, by a 4-3 vote. The city attorney told commissioners that Senate Bill 180 is in effect and likely prohibits local moratoria, exposing the city to legal challenge and attorney fee awards.
The Deltona City Commission on Monday approved Ordinance 29-2025, a temporary moratorium on issuance of development orders and permits for residential dwelling units, by a 4-3 vote.
The ordinance, read into the record by the city attorney, exempts certain infill single-family residential projects and sets a term not to exceed nine months unless the commission extends it. Commissioner Howington moved to approve the ordinance and Commissioner Lully seconded the motion; the measure passed 4-3 after a verbal roll call.
The moratorium drew public support and sharp legal warnings. Resident Dana McCool urged commissioners to "be genuine" about the scope of the pause and noted the city's limited remaining developable acreage, saying "Deltona has 26,304 acres... and we only have about 300 acres of that left for development." Allison Root, executive officer of the VBIA, told the commission that "passing a moratorium tonight would be in direct defiance of state legislation that you were sworn to uphold."
City Attorney Sevilla told the commission that Governor DeSantis had signed Senate Bill 180 on June 26 and that its provisions are "in effect right now." He cautioned that under the law "moratoriums are not permitted" and that a successful legal challenge could leave the city liable for plaintiffs' attorney fees and costs.
Commissioner Villavazquez addressed residents' flood-related concerns while urging the pause: "What we're asking is for a pause to slow down and let the city heal the wounds that are already out there," she said, citing ongoing flood recovery needs.
After the vote, commissioners directed the city attorney to gather information from other municipalities and legal partners about possible responses to SB 180; that investigatory outreach was approved separately in a 5-2 vote to seek potential partners and report back.
The ordinance will take effect according to its terms; the city attorney advised the commission that legal risk remains because of the new state law and flagged an existing pre-suit notice related to the city's earlier land-use actions. The commission scheduled further discussion of legal strategy and related litigation at upcoming meetings.
