City of Deltona  
2345 Providence Blvd.  
Deltona, FL 32725  
Minutes  
Special City Commission Meeting  
Monday, June 30, 2025  
1. CALL TO ORDER:  
6:30 PM  
Deltona Commission Chambers  
REVISED  
The meeting was called to order at 6:30 p.m. by Mayor Avila.  
2. ROLL CALL – CITY CLERK:  
Present:7 -  
Mayor Avila  
Vice Mayor Heriot  
Commissioner Avila-Vazquez  
Commissioner Colwell  
Commissioner Howington  
Commissioner Lulli  
Commissioner Santiago  
3. PLEDGE TO THE FLAG:  
4. ACTION ITEMS:  
A.  
Public Hearing - Ordinance No. 29-2025, Providing for imposition of a  
Temporary Moratorium on issuance of Development Orders and  
Permits and on the processing of Development Applications, City Code  
Text Amendments, Rezonings, Comprehensive Plan Text and Land Use  
Plan Amendments for development of residential dwelling units within  
the City; Exemption specified development; Providing for waivers;  
Providing for vested rights; Providing for appeals; Providing for  
exhaustion of administrative remedies; Providing for a term not to  
exceed nine (9) months unless extended by the City Commission as  
provided by Law, at second reading.  
The City Attorney read the title of Ordinance No. 29-2025 for the record.  
Motion by Commissioner Howington, seconded by Commissioner Lulli,  
to approve Ordinance No. 29-2025.  
The City Attorney reminded the Commission of the Planning & Zoning Board's motion  
which included three (3) changes to the ordinance of which one was accepted by the  
Commission, exempting the in-fill residential development for single family homes which  
has been added to the ordinance on second reading. Additionally the Commission should  
be aware of is that since the time of publication of this agenda and the agenda memo  
referencing SB 180, SB 180 has been signed into law, so the provisions of that bill are now  
active.  
The Mayor opened the public comments and residents addressed the City Commission.  
The City Attorney stated she wanted to clarify one thing before the Commission votes. The  
Bill was signed by the Governor on June 26th, and it is in effect today. It does not go into  
effect July 1st; it is in effect right now. It is state law that a moratorium under the Bill (SB  
180) are not permitted. Effectively, a moratorium very likely will be considered null and void  
upon passage. As we have discussed previously, and as we talked about during first  
reading, if this moratorium is passed and it is challenged as permitted under SB 180 by a  
resident or business owner, there is a grace period where we can repeal it. But if we elect  
not to do that, and they move forward and they prevail in a civil action, they will be awarded  
attorney’s fees and costs.  
Commissioner Lulli stated he discussed a topic earlier today about getting consensus for  
something kind of on this topic and he asked when that would be appropriate to do. The  
City Attorney replied he believes Commissioner Lulli is alluding to the conversation about  
researching what other cities may be looking to challenge and he recommended that it be  
done under a separate motion, rather than under the motion that's on the floor right now.  
Commissioner Avila-Vazquez spoke about this being a serious and very important decision  
that the Commission has to make. By no means is the City stopping developers from  
developing. What the City is asking for is a pause, to slow down and let the City heal. There  
are a lot of our residents who are hurting and still suffering from the floods. The Bill (SB 180)  
talks about people who were affected by the previous hurricanes who are not even  
considered. She took an oath to protect the residents of the City and by the state, forcing  
the City to go over what the residents want by threatening to sue the City is shameful.  
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  
B.  
Request for approval of Resolution No. 2025-71 Designating the  
Planning and Development Service Director as the Administrative  
Official Responsible for the Administrative Approval of Plats and  
Replats.  
The City Attorney read the title of Resolution No. 2025-71 for the record.  
The City Attorney stated this is a Resolution directly responsive to Senate Bill 784, which  
was also passed during this legislative session, which goes into effect tomorrow, July 1st. It  
requires that certain plats and replats be administratively approved by a designated official  
or employee of the local government. Because the Planning and Development Services  
Director is the official designee for other administrative approvals in the land development  
code, we felt it was appropriate to designate for this function as well.  
Motion by Commissioner Santiago, seconded by Vice Mayor Heriot, to  
approve Resolution No. 2025-71 City of Deltona administrative plat per  
Senate Bill 784.  
Commissioner Lulli asked for clarification from the City Attorney, that the City cannot  
appoint a Commission or a Commissioner in this particular role and the City Attorney  
replied that is correct, it is expressly required to be an administrative approval. It cannot be  
the governing body or a member of the governing body.  
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  
5. PUBLIC COMMENTS: (2 minutes maximum length per speaker)  
6. CITY ATTORNEY COMMENTS:  
City Attorney Torcivia stated she had four (4) items to discuss tonight. The first is a  
memorandum of law that she sent to the Commission yesterday and it is dated June 29,  
2025. This is the impact of Senate Bill 180. This memorandum goes over the bill, the  
impacts of the bill, local emergency powers, transparency and reporting obligations,  
building permitting and storm recovery, local government, regulations and limitations, state  
preemption authority, and it makes some recommendations with respect to compliance  
actions. In light of this bill, it is critical that the City revise its emergency procedures and  
conduct staff trainings to ensure that the procedures are in place to comply with any local  
emergency declarations that are required under the bill, as well as the transparency and  
reporting obligations. The City should have a plan in place for post storm permitting and  
inspections. It is also suggested that the City will evaluate all ordinances enacted from  
August 1, 2024 until now, to identify whether there is a potential conflict with the provisions  
of Senate Bill 180. She also would encourage the Commission from enacting any  
ordinance that imposes a moratorium or adopts any more restrictive land use regulations or  
permanent procedures during any time period when it is prohibited, because the City is  
prohibited under Senate Bill 180 from enacting a moratorium on construction  
redevelopment or more restrictive land use amendments from one year post landfall, all the  
storms called out In Senate Bill 180. Because the City was most impacted recently by  
hurricane Milton the actions that are in the Bill are retroactive to August 1, 2024, do apply to  
the City of Deltona.  
Commissioner Lulli requested that the City Attorney reach out to other municipalities to  
determine what actions, if any, they are taking in regards to this and what are some tools  
that would be available to the Commission through legal channels to address SB 180.  
The City Attorney replied certainly there are other governments, potentially the Florida  
League of Cities, potentially other cities and counties, and there have been mutterings in  
the city attorney world about who is going to be taking action. If the Commission directs her,  
she would be happy to reach out to the other governments, other city attorneys, other cities  
and counties, and other affected groups who are planning to take action. She could bring a  
report forward so the Commission can make some decisions. She could have this, at least  
as much as possible, at the next meeting on July 7th.  
Motion by Commissioner Lulli, seconded by Commissioner  
Avila-Vazquez, to get a consensus from the Commission to direct the  
City Attorney to reach out to other municipal partners to determine  
potential action for the Commission to consider as it relates to Senate  
Bill 180 and any other actions the City Attorney sees appropriate for  
that cost. The motion carried by the following vote:  
For: 5 -  
Vice Mayor Heriot, Commissioner Avila-Vazquez,  
Commissioner Colwell, Commissioner Howington, and  
Commissioner Lulli  
Against: 2 - Mayor Avila, and Commissioner Santiago  
The City Attorney stated the next thing is, she received a pre-suit notice that was sent to the  
Commission and it was received on June 27, 2025, which is the day after Senate Bill 180  
became law from Rebecca Rodin and her firm representing the property owner, Howland  
Station Condo Developers, LLC, for the properties at 1600, 1620, 1625, 1630, and 1635,  
Martin Luther King Jr, Boulevard that are commonly referred to as Howland station. They  
have filed this notice of intent to file suit under Senate Bill 180 and this is the first challenge  
that the City has received to an ordinance. This is with respect to the live local ordinance,  
which was passed on second reading in December 2024. The City has already been sued  
by Howland Station Condo Developers, LLC, so there is already an action. It's unclear from  
this letter whether they plan to bring a separate action or simply amend their complaint and  
add account to their existing action. She will put this item on the next agenda for further  
discussion.  
Commissioner Howington asked if this is the property where the Commission had deemed  
that the application was incomplete due to the fact that they did not get permission from the  
City to purchase the property per this special deed and City Attorney Torcivia replied  
correct.  
The City Attorney requested a 30 minute shade meeting as soon as possible on the  
Howland Station Condo Developers, LLC, versus the City of Deltona and for outside  
counsel to appear on video.  
Motion by Vice Mayor Heriot, seconded by Commissioner Howington,  
to get consensus for a shade meeting before or after the CRA meeting,  
and it would be acceptable for outside counsel to appear remotely.  
Amended motion by Vice Mayor Heriot, seconded by Commissioner  
Howington, that the three meetings start at 5:00 p.m. The amended  
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  
7. ADJOURNMENT:  
There being no further business, the meeting adjourned at 7:06 p.m.  
______________________________  
Santiago Avila, Jr., MAYOR  
ATTEST:  
________________________________  
Joyce Raftery, CMC, MMC, CITY CLERK