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Weston Commission votes to join multi‑city lawsuit challenging SB 180 restrictions on home rule
Summary
The Weston City Commission voted unanimously Aug. 18 to authorize participation in a multi‑jurisdiction lawsuit targeting portions of Senate Bill 180 that counsel says retroactively limit local land‑use and zoning authority through at least Oct. 2027; city attorneys and staff warned pending comprehensive‑plan work could be delayed or voided under the law.
The Weston City Commission voted unanimously Aug. 18 to authorize the city to join a multi‑jurisdictional lawsuit challenging provisions of Senate Bill 180 that staff and outside counsel said impose a broad, retroactive restriction on local land‑use and zoning authority.
City Attorney Jamie Cole told the commission that the bill includes a late‑session provision that, as written, would prohibit cities and counties affected by hurricane‑related emergency declarations from enacting comprehensive plan amendments or land‑development regulations that could be viewed as “burdening or hindering development” between Aug. 1, 2024 and at least Oct. 1, 2027. "This ... is probably the largest intrusion into home‑rule authority of municipalities and counties that we have seen," Cole said during the discussion.
Staff and planning consultants said the provision could affect Weston work already underway. Jim Hickey, the city planner, said some policies and pending comprehensive‑plan amendments might be returned by the state or deemed null and void under the new standard, potentially forcing the city to resubmit or rework them. Hickey said staff had transmitted an initial package before the bill’s effective date but that later adoption steps could be vulnerable to challenge.
Vice Mayor Henry Mead urged the city to lead the effort. "This goes to the heart of whether a community has the right to govern itself," Mead said during debate, arguing the law treats all municipalities the same despite local differences. Multiple commissioners said they worry the law would tie the hands of local officials and planners and limit Weston's ability to respond to local conditions.
The commission approved a resolution authorizing participation in the suit and retaining Weiserota, Heffman, Cole & Bierman, PL to prosecute the case, with staff noting the litigation would proceed only if a minimum number of local governments (counsel said at least 10) agreed to join.
What happens next: counsel intends to coordinate among interested cities and file a complaint if the participation threshold is met; commissioners asked staff to track specific Weston ordinances and plan amendments that could be affected and to provide regular updates.
Vote: Unanimous in favor (Commissioners Andrade, Melina McPhee, Jaffe, Vice Mayor Mead and Mayor Brown).
