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Edgewater planning board recommends repeal of moratorium ordinances to comply with new state law; members urge legal options
Summary
The Planning & Zoning Board voted to recommend repeal language for two city moratorium ordinances after staff said Senate Bill 180 bars municipal moratoria; a newly appointed member urged the city to explore legal or legislative challenges to preserve home-rule authority.
City planning staff told the Planning & Zoning Board on July (date on agenda) that Gov. Ron DeSantis signed Senate Bill 180 on June 26, 2025, a law that, staff said, prohibits municipalities from proposing or adopting moratoria on reconstruction or redevelopment of hurricane-damaged property and preempts more restrictive local amendments to comprehensive plans.
Staff said the city received a letter from the National Home Builders Association asking that two moratorium ordinances be repealed to comply with SB 180, and recommended declaring the ordinances null and void and forwarding repeals to city council for first reading July 21 and second reading Aug. 4. "Senate Bill 180 ... prohibits municipalities from proposing or adopting any moratorium or reconstruction or redevelopment of any property damaged by such hurricanes," staff said during the presentation.
During public comment, resident Gina Holt asked whether the city could reinstate the moratoriums if SB 180 were later ruled unconstitutional. City staff answered that the city would have to restart the full moratorium process — including planning-and-zoning hearings and two council readings — if the law were invalidated.
Patrick, a newly appointed planning-and-zoning board member, urged the city to preserve legal options. He said the repeal "represents a serious erosion of our constitutional home rule authority under article 8, section 2 of the Florida Constitution" and asked the city to consider participating in litigation or legislative action. "I will urge the council to preserve all options available to it, including participation in a legal or legislative effort to overturn or amend SB 180," he said.
The board voted to ask staff to rewrite the ordinance language so it clearly states the repeal is being done to comply with state law rather than under a city finding that the repeal is "in the best interest of the public health, safety and welfare." The board’s motion to request that staff revise the draft ordinance language passed on the record.
Next steps: staff will revise the ordinance language and the repeals will be scheduled for city council consideration as recommended by planning and zoning.
