Edgewater City Council Votes to Defy State Ban on Building Moratoriums

The Edgewater City Council on Monday voted not to observe a state law passed in June that bans many local governments in Florida from enacting building moratoriums. The City of Edgewater has had a moratorium in place for some time as it seeks to address concerns from residents about flooding. The vote to shirk the state law was 3-2, with a majority formed by Mayor Diezel Depew plus Council members Charlotte Gillis and Eric Rainbird. The dissenting two votes were from Debbie Dolbow and Mike Thomas. “Ending our moratorium tonight did not have legal merit or legal repercussions,” Mayor Depew posted to his Facebook page. “We are within the law. We will continue to work with our state representatives to make SB 180 a positive for the whole state of Florida.” The Repercussions of SB 180 In June, the Florida legislature passed SB 180, which barred communities in Florida within 100 miles from the tracks of three recent hurricanes (Debby, Helene, and Milton) from enacting or enforcing building moratoriums through October 1st, 2027. It was signed into law by Gov. Ron DeSantis, despite concerns from some about the effects of development in Florida. Supporters hoped the bill would help communities rebuild after recent and future hurricanes. Every city and town in Volusia County fell within the range covered by SB 180. The same went for Flagler County. “We need this moratorium in place,” said Volusia County Council Chair Jeff Brower, who spoke at the Monday meeting in Edgewater. “I’m asking you to stand firm. We need this moratorium in Volusia County like we never did before. We are on the very cusp of losing the whole reason that we chose to live here.” Volusia County Takes on the State of Florida The Edgewater City Council deliberated for multiple weeks over how to proceed in light of SB 180. It always appeared that it would come down to a close vote. The Council voted by the same 3-2 lines when the ordinance had its first reading, placing the city’s defiance within just one vote of failure. Meanwhile, another Volusia County city government appears poised to follow Edgewater’s lead. The Deltona City Commission on Monday agreed to sue the state government over SB 180, with a 4-3 majority. “The Florida League of Cities is asking us to wait for an amendment,” said Commissioner Dori Howington. “We can’t afford to wait until next year.” The risks of moving forward with Edgewater’s defiance are apparent. City Attorney Aaron Wolfe warned that the city could be subject to lawsuits, and that Gov. Ron DeSantis may even exercise his power to remove one or more City Council members from office. DeSantis has previously removed elected officials – in the cases of state attorneys Monique Worrell and Andrew Warren he removed them after alleging they were undermining state law with their stances as prosecutors.