Deltona commissioners voted 4-3 this week to back out of a lawsuit challenging Senate Bill 180, a new state law that restricts local governments’ ability to control their own growth. More than two dozen local governments in Florida are plaintiffs in that lawsuit filed in Leon County in late September.
SB 180 prohibits counties and cities in Florida from adopting “more restrictive or burdensome” planning measures, at least until 2027, without defining exactly what that phrase means. It also applies retroactively, affecting planning measures adopted as of Aug. 1, 2024.
State lawmakers have said the new law, entitled “Emergency Management,” was intended to help communities rebuild quickly after storms. But in practice, the law is halting — and, in some cases, reversing — local planning efforts well outside the scope of hurricane relief.
For example, Orange County recently had to revert to its old comprehensive plan after state officials declared the new one, Vision 2050, “null and void” under SB 180. The state did the same for Ocoee’s revised comprehensive plan.
Back in August, Deltona commissioners voted 4-3 to approve joining other cities and counties in the lawsuit against SB 180. But at Monday night’s meeting, some commissioners said they’re concerned Deltona’s participation could lead to potentially negative consequences for the city.
District 2 Commissioner Emma Santiago made the motion for the city to step back from the lawsuit. She said she thinks the lawsuit is a “waste of money,” especially now that efforts are in the works to potentially alter some of the bill’s language.
“I just don’t think we need to spend more tax money on this,” Santiago said. “The Florida League of Cities is advocating for us to make amendments, so there's no need for us to go further with this lawsuit.”
The Florida Association of Counties is also working with Volusia County on proposed amendments to SB 180, Deltona commissioners said. Additionally, the bill’s lead Senate sponsor, Republican Sen. Nick DeCeglie of Pinellas County, has said he’s open to making changes.
Another concern for Santiago: “We’ve already done relationship damage” by participating in the lawsuit, she said. District 6 Commissioner Chris Nabicht echoed that concern, saying the city’s name “is not good” in Tallahassee right now.
“That is very concerning for the largest city in Volusia County. Because people in this county should be looking to Deltona for leadership,” Nabicht said. “Part of that leadership should be trying to negotiate and broker deals, rather than immediately declaring war and filing litigation.”
Nabicht said he is “110%” in support of home rule. But he said he thinks litigation should be a “last-ditch effort,” after exploring all other possible alternatives — which he doesn’t think the city has done.
District 4 Commissioner Dori Howington takes issue with that characterization. She argues the city — along with many other local governments and stakeholders in Florida — did previously voice concerns about the bill. Representatives with the city attorney’s office confirmed Monday night, before the legislation passed, Deltona sent a letter to the state opposing SB 180.
Also before SB 180 was finalized, Howington said, lawmakers did respond to concerns by altering language in the bill — only to change it back again, at the very end of this year’s legislative session.
“Unfortunately, I do feel that it is the definition of insanity,” Howington said. “We are asking them to do the same thing we asked for them to do previously, and they didn't honor it then. So why should they honor it now?”
Although Howington said she’d welcome a scenario where lawmakers agree to change the bill, she doesn’t think that’s likely.
“I would love to think that they would amend the bill and do it correctly. But I also feel that without the lawsuits, they wouldn't feel pushed and motivated to actually truly take action,” Howington said. “So when we back out of the lawsuit, what we're doing is we are showing that Tallahassee does have the control.”
According to a legal analysis of SB 180 prepared for 1000 Friends of Florida, a smart growth planning advocacy group, the law is “extremely limiting,” and “packed with sweeping restrictions on local planning.” The nonprofit recently co-filed a separate lawsuit along with a rural Orange County resident. challenging SB 180.
“It's a bad bill. They need to throw the entire thing out and just start fresh,” Howington said.
Republican State Rep. Doug Bankson said earlier this week that DeCeglie is open to changing SB 180. The bill’s final House vote of approval was unanimous and bipartisan, Bankson said.
“It wasn't anything that we caught the nuance of it until we came back, and people begin to apply it and said, ‘Wait, this isn't going to work well,’” Bankson said.
Florida’s next legislative session begins January 13.
