TO: Mayor and Commission AGENDA DATE: 8/18/2025
FROM: City Attorney AGENDA ITEM: 9 - E
SUBJECT:
Title
Request for approval of Resolution No. 2025-117 authorizing participation in lawsuit relating to SB 180.
Body
LOCATION:
City wide.
COST:
$10,000.00 for trial level, $5,000.00 for District Appeal, and $5,000.00 for Florida Supreme Court
SOURCE OF FUNDS:
General Fund
ORIGINATING DEPARTMENT:
City Attorney’s Office
POTENTIAL MOTION:
Recommendation
“I move to approve Resolution 2025-117.”
END
BACKGROUND:
Background
On June 26, 2025, Governor Ron DeSantis signed Senate Bill 180 into law. Senate Bill 180 contains vague prohibitions against moratoria on construction, reconstruction, and redevelopment of properties, as well as Land Use and Zoning Regulations that are deemed "more restrictive or burdensome." These ambiguous provisions make the bill difficult to understand, create uncertainty, hinder local governance, and encourage preemptive litigation.
At the July 7, 2025, Regular City Commission Meeting, the City Commission directed the City Attorney to evaluate options to challenge SB 180 and to seek potential litigation partners. The law firm Weiss Serota Helfman Cole + Bierman, PL is leading a statewide coalition to challenge SB 180 and will represent the City for a flat fee of $10,000.00 for trial level, $5,000.00 for District Appeal, and $5,000.00 for Florida Supreme Court, subject to the participation of at least ten local governments. The City’s participation in this lawsuit aims to seek declaratory, injunctive, and other appropriate relief from the provisions of Senate Bill 180 imposing a blanket statewide prohibition on the exercise of home rule authority concerning Land Use and Zoning Regulations.
End