A very bad law: SB 180

 

The Florida Legislature may reconsider next year a very bad law that prohibits approval of any measure by a local government that developers deem “burdensome or restrictive”.

 

Your help is needed to make it happen.

 

The law is known by its 2025 Senate bill number, SB 180.  It was slipped by developer lobbyists into a bill for hurricane damage relief. Legislators were falsely told that it only protects the right to rebuild property damaged by a hurricane. 

 

Instead, the new law, s. 252.422(2), Florida Statutes, prohibits any county or city for one year after being within 100 miles of a hurricane path, from adopting  “a more restrictive or burdensome amendment to its comprehensive plan or land development regulations” or development approval procedure.

 

Restore good wetland protections?  Nope.  Rein in urban sprawl?  Nope.  Increase building setbacks or limit heights?  Nope.  Not even a little.  Our elected city and county commissioners are banned from any improvement in growth management desired by their constituents.  And anyone who deems a regulation more “burdensome or restrictive” can sue under a provision of the new law that lets it recover attorney’s fees if it wins but not pay fees if it loses.

 

The Sarasota area Legislative Delegation will meet this Thursday, November 13 at 9 am at the County Administrative Center at 4000 S. Tamiami Trail in Venice, to hear public comment for the 2026 legislative session.  Although the cutoff to register for comment was in October, Control Growth Now Vice President Monica Balicki has signed up and will present the following statement as written by her and approved by our Board:

 

Good Morning,

 

My name is Monica Balicki, and beside me here is Cheryl Cook.  Both of us are Board Members of the organization called Control Growth Now, an organization that has been active in Sarasota County for the last 36 years.  Today we are representing our Board and the members of our organization to oppose SB 180 in its current form.

 

Control Growth Now is a non-partisan, civic organization that advocates for integrity in local government.  We advocate for governing bodies to strike a balance with developers to responsibly protect our neighborhoods, the environment, and issues like traffic mobility, as well as to protect us taxpayers from undue burdens by making growth pay for itself.  

 

Over the last 30 years we have faced significant challenges as we continue to see a strong push by development interests to weaken or eliminate reasonable, planned controls on growth, created by local governing bodies and its citizens.  We have seen our beautiful county grow at such an unprecedented rate that our once naturally beautiful Sarasota County has become unrecognizable, at times a cesspool of traffic jams, flooding, and perpetual cranes, not the birds, but the kind that build things.  

 

Last year’s Senate Bill 180, in what is now section 252.422, Florida Statutes, prohibits local governments, for a year after a broad storm-related event, from amending their comprehensive plans and other ordinances in any way that would be “more restrictive or burdensome” on builders and developers.  Not just for rebuilding after hurricane damage, as falsely alleged to legislators, but for anything.  That includes, for example, improving wetland protections, as recently attempted and stopped by this law in Manatee County.  In addition, SB 180 gives rights to builders and developers to sue to block such ordinances and recover lawyer fees. How are we supposed to govern our cities and counties with a law like this? 

 

We respectfully request that you restore home rule to our city and county commissioners for good growth management. As Legislators, it is your job to serve the valid interests of your constituents.  Please repeal this very bad law.   


Thank you. 

 

------------------------------------------------------------

 

You too can make your voice known on this important matter.  Please email our legislators by cutting and pasting this string:  \


Gruters.Joe.web@flsenate.gov; 

James.Buchanan@flhouse.gov; 

Fiona.McFarland@flhouse.gov; 

Will.Robinson@flhouse.gov; 

Danny.Nix@flhouse.gov

 

Also, further information about the effort to repeal this bad law may be obtained from 1000 Friends of Florida at Restore Community Planning: Fix SB 180. - 1000 Friends of Florida

 

Thank you for doing your part to help protect and advance the quality of life in Sarasota County and our cities!

 

 

Dan Lobeck, Esq., President of Control Growth Now

2033 Main Street, Suite 403

Sarasota, FL  34237

www.lobeckrowe.com

 

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