The City Attorney read the title of Resolution No. 2025-109 for the record.
Motion by Commissioner Lulli, seconded by Commissioner Santiago, to
approve Resolution No. 2025-109. The motion carried by the following
vote:
For: 7 - Mayor Avila, Vice Mayor Heriot, Commissioner
Avila-Vazquez, Commissioner Colwell, Commissioner
Howington, Commissioner Lulli, and Commissioner
Santiago
E.
Request for approval of Resolution No. 2025-117 authorizing
participation in lawsuit relating to SB 180.
The City Attorney read the title of Resolution No. 2025-117 for the record.
Motion by Commissioner Howington, seconded by Commissioner
Colwell, to approve Resolution 2025-117. The motion carried by the
following vote:
The City Attorney stated this is coming to the Commission pursuant to previous
discussions on Senate Bill (SB) 180 which was signed into law on June 26, 2025. At the
July 7, 2025, Regular City Commission meeting, the 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 is leading a statewide
coalition to challenge SB 180 and has offered to represent the City for a flat fee of
$10,000 at the trial level, $5,000 per district appeal and $5,000 per Florida Supreme
Court subject to the participation of at least 10 local governments. The City's
participation in this lawsuit would aim to seek declaratory, injunctive and other
appropriate relief from the provisions of Senate Bill 180 which imposes a blanket
statewide prohibition on the exercise of Home Rule authority concerning land use and
zoning regulations.
The Mayor opened public comments and residents addressed the City Commission.
The Commission and City Attorneys discussed effected approved projects, the
moratorium and approved residential development, explanation of Home Rule, Florida
League of Cities (FLOC) conference, the impact to the City and its future, working with
the Legislature, grant funding, seeking an amendment to SB 180, an explanation of SB
180, putting a hold on development, hurricanes/rain and flooding, fixing flooding
problems, the people's will, land use issues, FLOC's work on SB 180, the Senate Bill
and the House Bill, needing an injunction, the live local ordinance, litigation, home rule,
other cities joining the coalition, deadline to join the lawsuit, legislative appropriations
and projects submitted, who benefits from the lawsuit, changes to law, an injunctive
relief, the courts having latitude, local tax dollars, and case scenarios.
The motion carried by the following vote:
For: 4 - Commissioner Avila-Vazquez, Commissioner Colwell,
Commissioner Howington, and Commissioner Lulli
Against: 3 - Mayor Avila, Vice Mayor Heriot, and Commissioner Santiago