City attorney warns SB 180 could strip local land‑use controls; commission considers joining legal challenge

Speakers at the Ormond Beach meeting warned that recent state legislation could diminish local authority over development and building standards, and the city attorney outlined options for a possible legal response.

City Attorney Randy Hayes described Senate Bill 180 as far-reaching and retroactive, saying the bill limits cities' ability to adopt land‑use rules that are "more restrictive or more burdensome" than state standards for one year following certain climate or storm events. Hayes called it "one of the worst pieces of legislation I've seen come out of Tallahassee in a very long time," and said it could invalidate local ordinances and expose municipalities to injunctive relief and attorney's fees if challenged.

Residents had urged immediate action. Suzanne Scheiber asked the commission to direct staff to engage with the Florida League of Cities and to seek ways to protect home rule; she asked whether the city could define "restrictive or burdensome" under the statute. Kat Pente asked the commission to partner with neighboring jurisdictions to file a court challenge.

Hayes said an outside attorney experienced in similar litigation had proposed filing a complaint in late summer and requested that participating governments contribute $10,000 toward initial litigation and an additional $5,000 each for a possible appeal. Staff said it would bring a draft resolution to the commission outlining participation, cost caps and other terms for the commission's consideration.

Ending: Commission members requested more information and asked staff to return with a proposed resolution and additional details about the attorney, anticipated timeline and legal exposure before authorizing any expenditure.