County attorney warns state law prevents new local restrictions on development until Oct. 1, 2027 for hurricane‑affected counties

The Suwannee County attorney advised the board on June 2 that Chapter 2025‑190 (Senate Bill 180) restricts the county’s ability to adopt new moratoria or more restrictive changes to comprehensive plans or land‑development regulations for counties listed in federal disaster declarations for Hurricanes Debbie, Helen or Milton.

"Each county listed in the federal disaster declaration for Hurricane Debbie, Helen, or Milton…and each municipality within one of those counties may not propose or adopt any moratorium on construction, reconstruction or development of any property damaged by such hurricanes," the county attorney said, summarizing the statute. The attorney explained the prohibition extends to more restrictive amendments to comprehensive plans or LDRs and to procedures related to site plan and development approvals, and that the restriction applies until Oct. 1, 2027 and retroactively to Aug. 1, 2024.

County staff told the board the law includes narrow exceptions—such as when a property owner petitions for a change—and creates a private right of action that can result in orders, costs and attorneys fees against local governments that adopt prohibited measures. The county attorney urged caution, saying the statute binds the board and limits immediate regulatory options related to towers and other development until the statutory date.

Commissioners acknowledged the constraints and discussed the implications for prospective changes to local land‑development regulations; staff and counsel said they would continue to research legislative history and legal options but that the statute as written prevents taking action that would make local requirements more restrictive during the covered period.