By Mitch Perry | Florida Phoenix
BRADENTON — State lawmakers representing Manatee County heard harsh criticism on Monday regarding a law that critics maintain blocks local governments from regulating development now and for years to come.
Senate Bill 180 received nearly unanimous approval from the state Legislature this spring and was signed into law this summer by Gov. Ron DeSantis. The measure, sponsored by Sen. Nick DiCeglie, R-Pinellas County, was intended to help people rebuild properties damaged by major storms. But its language was altered substantially by several provisions that has led to two lawsuits being filed to block it in state court.
Among those provisions is Section 18, which freezes cities and counties from adopting land-use regulations deemed “more restrictive or burdensome” than those in place before recent or future hurricanes. Section 28, which says that the new land-use laws apply in counties listed in the federal disaster declaration for hurricanes Debby, Helene, or Milton plus “each municipality within one of those counties.” It covers every part of the state retroactively from August 2024 and prospectively through October 2027.
While several lawmakers have already said they intend to file legislation to repeal those provisions next year, Manatee County citizens told a group of state lawmakers representing them in the Florida Legislature on Monday — GOP State Sen. Jim Boyd and GOP Reps. Will Robinson, Michael Owen and Bill Conerly — that they need to make that a priority when they return to Tallahassee for the 2026 regular session on Jan. 13.
Wetland protections delayed because of law
The issue is of particular sensitivity for Manatee County residents, because the new law comes after several new commissioners were elected in 2024 who supported putting wetland restrictions back in place that had been overturned by a previous board. However, due to concerns about potentially violating SB 180, county commissioners delayed voting to revert to the county’s previous and more restrictive wetland buffering regulations after they received a warning letter from the Florida Commerce Department.
“Senate Bill 180 was the ultimate betrayal for our Manatee County — you knew that last year [when] this community sent a loud and unifying message,” said Joe McClash, a Republican who served on the commission from 1990 to 2012. “They voted for restoring wetland protection, and you as our senator, Jim Boyd, you really betrayed us with the passage of Senate bill 180.”
“I don’t feel like I betrayed the community,” said Boyd, who will become the Senate President in the fall of 2026. “I’m sorry you feel that way, Mr. McClash. I never once heard from you on this issue. Happy to talk with you about it. I never once heard from you. I think you’ve heard all of us say, there were some issues with Senate Bill 180 that we’re going to try to fix.”
McClash said the original intent of the bill was good but it had “spiralled” into an anti-local government law that “was really the death blow to governing our local communities.”
He added: “Republicans used to be for the best government is closest to the people,” he said. “We need to get back to that … and stop approving these bills aimed at removing local decisions.”
Commissioner George Kruse, also a Republican, said “95%” of SB 180 was “an amazing” and a “thoughtful bill” law provides “tremendous benefits for the citizens,” but that in fact the legislation as ultimately written was “preventing municipalities from being thoughtful of future growth.”
“We want you to restore the will of the people!” demanded Kevin Wright, a retired U.S. Army lieutenant colonel and member of the Manatee County Republican Liberty Caucus. “Right now, in Manatee County, our board of county commissioners cannot do what we the people elected them to do. Why? Because of the vague language contained in SB 180. It’s an easy fix.”
Lawsuits
The commission has joined two dozen local governments in filing a lawsuit in a state trial court in Leon County seeking to block SB 180. The complaint lists allegations of how local governments have been “impacted” and “damaged” by SB 180. In the case of Manatee County, it refers to how local officials received letters from the Florida Department of Commerce earlier this year alleging that certain planning and zoning regulations proposed in the county were in direct conflict of Section 28 of the law.
“The letter states the proposed ordinances may be violative of Section 28 for being a ‘restrictive or burdensome’ procedure for obtaining a development permit after a disaster — without purporting to identify what it was more restrictive or burdensome than, or to whom it was more restrictive or burdensome,” the complaint reads.
A second lawsuit has been filed attempting to block provisions of the bill by the smart-growth group 1000 Friends of Florida on behalf of an Orange County resident.
Haley Busch, communications and outreach director for the group, told lawmakers that sections 18 and 28 of SB 180 “undermine every other local priority that Floridians and Manatee County residents care about.”
“When a region like Manatee is growing so fast, when communities need to tackle flooding, drainage, align new development with existing infrastructure capacity, improve road-based safety or plan for their housing needs, they do it through updates of their comprehensive plan and land development codes,” she said. “Those sections 8 and 28 freezes those updates for three years or more and invite lawsuits over anything deemed ‘more restrictive or burdensome’ is quite vague language.”
DiCeglie has said on several occasions over the past few months that he is prepared to “make some adjustments” to the legislation when lawmakers return to Tallahassee. Boyd said he has spoken with DiCeglie and the bill’s House sponsor, Rep. Fiona McFarland, R-Sarasota, and said they both feel if there’s a way to “tweak” the legislation, “we certainly will.”
But Boyd insisted that the intention of the bill was never to thwart local communities.
“Along the way it was made to look like this was jammed down communities — not just Manatee County, but others around the state — down their throats, intentionally. And it wasn’t,” he said. “It was something to try to protect residents and citizens and more importantly help them get back into their homes and properties after such significant storms now and in the future.”