Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 25-R70, A Resolution of the City of Port St. Lucie, Florida, Authorizing Participation in a Lawsuit Seeking, Among Other Things, to Declare That Senate Bill 180's Imposition of a Blanket Statewide Prohibition on the Exercise of Home Rule Authority Over Land Use and Zoning Regulations, is Unconstitutional and Should be Enjoined, and Retaining Weiss Serota Helfman Cole + Bierman, PL to Prosecute the Lawsuit; Providing for Conflict; Providing for Severability; Providing for an Effective Date.
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Submitted By: Richard Berrios, City Attorney
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): This item, and the associated resolution, is a continuation of the discussion held by the City Council at the September 22, 2025 City Council meeting. This resolution, if approved, authorizes the City to enter the multi-party litigation seeking, among other items, to declare that Senate Bill 180’s imposition of a blanket statewide prohibition on the exercise of home rule authority over land use and zoning regulations, is unconstitutional should be enjoined, as well as retaining Weiss Serota Helfman Cole + Bierman, PL to prosecute the lawsuit for a discounted flat fee.
Presentation Information: The City Attorney’s Office will be available to answer questions.
Staff Recommendation: Move that the Council approve the Resolution.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution.
2. Move that the Council not approve the Resolution.
Background: On June 26, 2025, Senate Bill 180 (“SB 180”), titled “Emergencies,” was signed into law and became effective immediately as Chapter 2025-190, Florida Statutes.
Section 28 of SB 180 prohibits all local government-initiated ordinances that impose “more restrictive or burdensome” comprehensive plan amendments, land development regulations, or procedures concerning review, approval, or issuance of site plans, development permits, or development orders (collectively, “Land Use and Zoning Regulations”) for the period commencing retroactively from August 1, 2024, through October 1, 2027, even if such amendments, regulations or procedures are in no way related to any hurricane or other emergency and even if such amendments, regulations, or procedures were duly enacted prior to the enactment of SB 180. Section 28 of SB 180 also bans local moratoria on construction, reconstruction, or redevelopment of property damaged by a hurricane during the same timeframe.
Section 18 of SB 180 further prohibits local governments that are located in counties that are entirely or partially within 100 miles of the track of any future hurricane from enacting “more restrictive or burdensome” Land Use and Zoning Regulations, and moratoria on construction, reconstruction, or redevelopment of any property, damaged or not, for a period of one year after the storm makes landfall.
There are at least 25 total municipalities and counties who have joined the multi-party litigation.
Issues/Analysis: SB 180 is unconstitutional and invalid because, among other things, it: (a) embraces more than one subject and matter properly connected therewith in violation of Article III, Section 6 of the Florida Constitution; (b) includes a defective title in violation of Article III, Section 6 of the Florida Constitution; (c) requires municipalities and counties to spend in the aggregate an amount that exceeds an insignificant fiscal impact without including a finding that the law fulfills an important state interest as required by Article VII, Section 18 of the Florida Constitution; (d) constitutes a sweeping intrusion on home-rule authority, threatening local ability to enact land use, zoning, flood-resiliency, and environmental protections, contrary to Article VIII, Section 2(b) of the Florida Constitution to a degree that renders the constitutional provision hollow; and (e) contains provisions that classify political subdivisions on a basis that is not reasonably related to the subject of the law in violation of Art. III, Section 11(b) of the Florida Constitution.
Financial Information: The retention of Weiss Serota in this matter would be at a flat fee, pursuant to the following schedule - $10,000.00 for proceedings in the trial court payable within ten (10) days of the resolution’s effective date; $5,000.00 for any appellate proceedings in the District Court of Appeal payable within thirty (30) days of filing said appeal; and $5,000.00 for any appellate proceedings before the Florida Supreme Court within thirty (30) days of filing such appeal.
Special Consideration: The City Council has and will have multiple decision points in the future that could fall within the scope of SB 180. Given the frequency and regularity of hurricanes throughout the state, those one-year prohibitions effective post-storm landfall imposed by SB 180 could create situations in which the City is unable to exercise one of its most fundamental home rule functions for years at a time.
Location of Project: N/A
Business Impact Statement: N/A
Attachments: 1. Resolution - SB 180 Multi-party Litigation (Final)
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25276-07
Legal Sufficiency Review:
Reviewed by Richard Berrios, City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.