Gov. Ron DeSantis just signed a sweeping new measure aimed at accelerating hurricane recovery, fortifying communities and enhancing government coordination ahead of future storms.
Proponents say it will improve how the state and localities plan before and after natural disasters while helping homeowners to rebuild with clear, streamlined permitting resources.
Critics contend that while well-intentioned, the legislation lacks key details and overly preempts local land and growth management.
The measure (SB 180), effective immediately, outlines more than a dozen changes to Florida’s emergency response laws, from post-storm permitting and debris management to disaster spending transparency and local land use regulations.
It creates new obligations for state and local governments and agencies while prohibiting certain regulatory practices in disaster zones.
Local governments are now barred from imposing construction moratoriums or adopting land-use restrictions for one year following a hurricane if they are located within 100 miles of the storm’s track and covered by a federal disaster declaration.
That provision applies retroactively to Aug. 1 and remains in effect until Oct. 1 for Hurricanes Debby, Helene and Milton.
The law allows residents and business owners to sue local governments over any ordinance or development regulation they deem “burdensome or restrictive” during the recovery period. A successful challenge can result in injunctive relief and attorneys fees.
Further, SB 180 requires cities and counties to adopt post-storm permitting plans, designate emergency contacts, expedite rebuilding procedures and publish guides for residents detailing recovery processes, flood risks and shelter availability.
It also prohibits building departments from raising inspection or permit fees for 180 days after a state of emergency declaration and forbids “lookback” ordinances — local regulations that require older structures to be brought up to current building standards when renovations or repairs are made — in municipalities participating in the National Flood Insurance Program (NFIP).
“We’re fighting for families to focus on rebuilding without additional delays or burdens, especially for those who sustained damage or lost their homes. Working with our state and local emergency responders, we can streamline restoration efforts and improve emergency response coordination, fortifying and strengthening our communities before the next storm,” said Indian Rocks Beach Republican Sen. Nick DiCeglie, who sponsored SB 180.
Speaking on the Senate floor in April, DiCeglie said he was inspired to file the measure after seeing the devastation that Helene and Milton wrought and how much his constituents struggled to survive and rebuild.
“After a storm, Floridians need a clear path to recovery,” he said. “When local bureaucracy overshadows the needs of citizens, Floridians are left picking up the pieces.”
For state agencies, SB 180 imposes additional responsibilities. The Department of Emergency Management must submit annual reports on emergency spending, develop new shelter capacity planning and institute biennial training sessions for county and municipal personnel.
It also prioritizes the use of Hurricane Loss Mitigation Program funds for shelters in counties with shelter deficits and for publicly owned, non-school projects. Beginning next year, the Department of Emergency Management must also post emergency contracts on the state’s secure contract-tracking system and report on federal disaster assistance disbursement procedures.
The Department of Environmental Protection (DEP) must also now maintain a new statewide “Flood Inventory and Restoration Report” — updated every two years — to identify risks, inspection schedules and funding priorities.
DEP must also collaborate with the Department of Emergency Management to recommend changes to the permitting process for rebuilding storm-damaged structures.
Other notable provisions include allowing Florida National Guard medics to treat civilians during emergencies and requiring the Department of Veterans Affairs to share special needs shelter registration information with caregivers.
Senate President Ben Albritton, a Wauchula Republican whose district was hit hard by flooding and agriculture loss last year, said Florida has become “the nation’s model in storm response and recovery” with similarly focused legislation in recent years.
But “we can always do better,” he said, noting SB 180 is a step toward doing so.
“We are incorporating lessons learned and identifying new opportunities to support community restoration and enhance disaster management through proactive planning and coordination. Through these initiatives, Floridians can focus on what matters most: rebuilding their homes, their lives, and their communities.”
Numerous groups and local leaders championed SB 180, including St. Petersburg Mayor Ken Welch, whose administration partnered with DiCeglie and Republican Rep. Lindsay Cross on a portion of the bill establishing best practices for contractors operating cranes before, during and after storms.
But SB 180 and its House analog (HB 1535) by Sarasota Republican Rep. Fiona McFarland also drew criticism from county and municipal leaders who decried its preemption of local governance and the vagueness of some of its strictures.
“There’s a lot of legal uncertainty,” Matt Singer of the Florida League of Cities told the Florida Phoenix in May, citing numerous provisions from the bill, including the ban on — and ability for people to sue over — “burdensome or restrictive” post-storm regulation.
“You may be asking what is ‘burdensome’ and what is ‘more restrictive’?” he said. “So, it’s really, really important that you check this language and see if any of your local updates that have already been made would be affected, and whether there’s any liability created there.”
Volusia County Commission Chair Jeff Brower, meanwhile, complained of the top-down, one-size-fits-all approach to a problem he argued is best handled, at least planning-wise, locally.
Speaking with WESH 2 last month, Brower recounted how several cities in his area halted new development and worked to strengthen their stormwater rules to mitigate future floods. SB 180, through its retroactive effects, upends those changes.
“It affects every county and every city in the state that you can’t control the way you’re developing and the way that you’re managing your own land,” he said. “Local governments should be doing that.”
Brower and Manatee County Commission Chair George Kruse agreed that while the change hampers local governments, it undoubtedly helps builders.
“You can’t protect your own citizens. So who are we protecting? Just developers,” Brower said.
Kruse told the Miami Herald, “Every single developer in the state benefits from this language.”
Kim Dinkins of the 1000 Friends of Florida nonprofit, which describes itself as a “smart-growth advocacy organization,” called the legislation “shortsighted” and a needless weight on local recovery efforts.
“We said that we want to be more resilient,” she told the Herald. “When is the time going to be to do that if you can’t do anything right after a storm?”
McFarland, also speaking with the Herald, said legislation should be measured and thoughtful, not reactive, and that’s what SB 180 prescribes.
“When there’s a tragedy, people demand action. Lawmakers and policymakers sometimes feel that they need to pass a law to prevent this from ever happening again,” she said. “(SB 180 says that) for one year after a disaster, let’s take a pause.”
SB 180 cleared both chambers of the Legislature in early May with nearly uniform support. Only Sen. Tracie Davis, a Jacksonville Democrat, voted “no.”
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