Deltona commission votes to withdraw from SB 180 lawsuit after heated debate

The Deltona City Commission voted 4-3 to withdraw from litigation challenging Florida Senate Bill 180, approving a motion by Commissioner Emma Santiago on Oct. 20, 2025.

The motion to withdraw was made by Commissioner Emma Santiago and seconded by Commissioner Chris Nobick; the city clerk recorded the vote as Mayor Avila, Vice Mayor Harriet, Commissioner Nobick and Commissioner Santiago in favor, and Commissioners Villa Vasquez, Colwell and Howington opposed. The measure passed on a 4-3 vote.

The dispute over whether Deltona should remain in the statewide lawsuit against SB 180 opened during a staff update from the city attorney’s office and Special Litigation Counsel. City attorneys told commissioners the case had been filed in Leon County under case number 2025CA001876 and that summonses had been issued but not yet shown as served on the docket. Litigation counsel also said an injunction had been drafted but, as of the meeting, it had not been posted on the court docket.

Commissioner Santiago, who moved to withdraw, said she considered continued participation in the suit a waste of public money and argued that legislative amendments were underway through the Florida Association of Counties and the Florida League of Cities. “I just don’t think we need to spend more tax money on this lawsuit,” Santiago said.

Opponents of withdrawal argued the lawsuit defends local home-rule authority and said dropping out now would be premature. Commissioner Dory Howington said withdrawing “would in my view be a dereliction of duty” and that litigation should remain an option to protect the city’s constitutional rights.

Public comment reflected the split in the community. Some residents urged the commission to remain in the suit, citing concerns that SB 180 would strip local control over land-use and stormwater decisions; others warned that the dispute had damaged Deltona’s standing with state lawmakers and could jeopardize grant funding.

City attorneys provided cost details during the discussion: a flat participation fee of $10,000 to join the litigation and proposed incremental appellate fees of $5,000 per appeal level. Attorneys also said the county’s proposed legislative amendments narrow the bill’s application to properties damaged by a hurricane and that Volusia County and a number of cities and towns were coordinating proposed language through statewide associations; participants quoted different counts of municipal plaintiffs during the meeting (the number cited varied in the record).

With the vote to withdraw, the commission instructed staff to record the action and move forward with the administrative steps required to leave the litigation. Commissioners who opposed withdrawal said the city had already paid the initial participation fee and that leaving could forfeit any ongoing leverage in litigation strategy.

The commission’s decision does not resolve the underlying legal challenge; the case remains active in Leon County and interested residents were directed to the court docket using the case number the city attorney provided.

The commission moved to other agenda items after the vote, including zoning and procedural business.