A pair of temporary development moratoriums will remain in place for now in Edgewater, following City Council’s 3-2 vote Monday against repealing the ordinances in light of a new state law that apparently forbids them.
Both ordinances were enacted earlier this year in response to flooding concerns. The first one largely pauses development activity throughout the city, with exceptions for certain commercial areas and projects that were already in progress when the ordinance was enacted.
The second ordinance halts building permits that would increase the amount of fill dirt on parcels within the Florida Shores drainage basin.
RELATED: Flood-plagued Edgewater begins moratorium on new development
New state law's "immediate and drastic impact"
Senate Bill 180 blocks local governments from altering their comprehensive plans or land development codes with “more restrictive or burdensome” changes, a term the law doesn’t define. The new law enacted earlier this summer is triggering widespread confusion and concern, due to its “immediate and drastic impact on the authority of local governments,” according to a legal analysis prepared for 1000 Friends of Florida.
“The enormous breadth and scope of the law’s prohibitions on local planning and zoning authority suggest that many, even perhaps most, legislators did not understand its implications,” reads that analysis by land use attorney Richard Grosso.
The proposal to repeal Edgewater’s ordinances didn't spring from a lawsuit, but a letter, one sent to the city by the Volusia Building Industry Association, according to City Attorney Aaron Wolfe. The letter states that “with the final approval from Governor DeSantis on SB 180, all moratoriums are to be declared null and void,” and asks for confirmation that “there will be business as usual at the City of Edgewater.”
Wolfe advised council members to repeal the moratoriums council members ultimately voted to keep. He listed several “compelling reasons” to repeal, including the potential for lawsuits that could be filed against the city, as well as concern that Governor Ron DeSantis could act to remove elected councilmembers from office.
It’s a reasonable concern. DeSantis has previously removed elected officials from their positions, and lately, members of his administration have pressured elected leaders at the City of Orlando and Orange County to bend to state immigration policy.
Most recently, Orange County Mayor Jerry Demings said he was under “extreme duress” when he reluctantly signed off on allowing county corrections officers to transport detainees on behalf of the U.S. Immigration and Customs Enforcement agency.
Pressure, fear and a tough decision
In his Monday motion to repeal Edgewater’s moratoriums, District 2 Councilman Mike Thomas suggested council members could make it clear they were also acting “under duress.” But Thomas and District 3 Councilwoman Debbie Dolbow both said it’s critical for Council to follow state law.
“As much as this horrible bill, SB 180, negatively affects every resident, potentially, in Edgewater — I feel that we have to follow the law,” said Dolbow, phoning into the meeting.
“I know you have compassion for these people. And the people have compassion for y'all,” Thomas said, addressing his fellow council members. “And if you get removed [from office], how are you going to help them then?”
During a public comment period ahead of the vote at Monday night’s special meeting, several people urged council members to stand firm behind all their planning decisions made on behalf of Edgewater residents, including the temporary moratoriums.
Bryon White is a 1000 Friends of Florida board member, now running for election to the Volusia County Council’s District 3 seat in 2026.
“I understand that you face a difficult decision,” White said, addressing council members. “But those reasons [to repeal] are based upon fear and intimidation. Fear of litigation from developers, fear of removal or suspension by the governor.
“And all of those things might happen. But those are not a good basis for policy,” White said. “You make policy because you serve citizens and their best interests.”
"I'm not scared"
Suzanne Scheiber of Dream Green Volusia lives in Ormond Beach, not Edgewater. But over the last ten months, she said, she’s gotten to know Edgewater residents who “really felt despair over the flooding” happening in the city — and have shown up at meetings, time and time again, to share their concerns.
“They have stepped up and really rely on you. And tonight, they are relying on you,” Scheiber told council members.
Florida Shores resident Kimberly Penny was among several people who donned black T-shirts bearing the message “Keep Edgewater dry again.”
“We’re flooding … I've lost everything two times,” Penny said. “I have a special needs daughter and non-special needs children in my home, and we have machines that get ruined every time with our entire house.”
For Penny, the building moratoriums are a necessary pause while the city considers ways to ensure more responsible development patterns, and works on plans for upgrading outdated stormwater infrastructure. A new stormwater master plan for the city should be ready by the end of this year, Mayor Diezel Depew said Monday.
On Monday night, Depew asked for and received confirmation that building permits have been processed in the city since SB 180 took effect. That indicates “business is as usual,” Depew said.
Depew said he’s not convinced there’s any need for Edgewater to repeal its moratoriums. The letter didn’t detail how the city’s ordinances might be negatively affecting developers, or any specific ways in which they violate the law.
“I think that we need to wait to hear exactly how one has been affected by our moratorium since SB 180 has been passed, because I haven't heard a reason yet,” Depew said. “And I'm not scared. If business is as usual, they don't have a lawsuit to stand on.”
Still, Wolfe maintained his advice for the city: repeal the moratoriums.
“There could be dozens or even hundreds of these lawsuits filed,” Wolfe said. “The cost for that could be very, very substantial to the city.”
Losing local control
Volusia County Council Chair Jeffrey Brower, an outspoken critic of overdevelopment, spoke at length during Monday’s public comment period, urging Edgewater council members to “stand firm.”
“We need this moratorium in Volusia County like we never did before,” Brower said. “We are on the very cusp of losing the whole reason that we choose to live here. We're losing local control.”
Brower said there are two viable paths to stopping SB 180, and he’d fully support Edgewater in opting for either or both. At the county level, Volusia Council is moving forward with lobbying state lawmakers to amend SB 180 to make it less restrictive, Brower said.
“We've already written amendments, and we've already taken it to numerous state representatives and senators. They're paying attention [to] what the public is saying,” Brower said.
In another avenue, some Florida cities are forming a coalition to file a lawsuit over SB 180. Deltona council members voted 4-3 Monday in favor of suing to nullify the law.
Ultimately, Edgewater council members’ vote against repealing the moratoriums was met by a smattering of applause from the crowd, quickly silenced by Depew.
Penny said she was relieved by the “tough decision” council members made.
“We've put our council in place purposefully. They are great people,” Penny said. “They're working for their citizens, and they proved it tonight.”
