New Smyrna Beach Won’t Join Lawsuit Against State Development Law

The New Smyrna Beach City Commission on Tuesday voted against joining other cities in a lawsuit against a state law limiting development moratoriums. The legislation, SB 180, substantially eroded city and county governments’ power to enact limitations on building. The vote against joining the lawsuit was 3-2. The majority who voted not to join were Mayor Fred Cleveland, plus city commissioners Brian Ashley and Valli Perrine. The dissenting two votes came from Vice Mayor Lisa Martin and Commissioner Jason McGuirk. Already the New Smyrna Beach City Commission urged Gov. DeSantis to veto the bill before it was signed into law. Their plea was rejected. When SB 180 takes effect, local governments have to clear the way from existing or proposed policies which limit future construction. SB 180 bars local governments from holding moratoriums on building. It received wide bipartisan support in the two chambers of the Florida legislature, after being introduced by state Senator Nick DiCeglie, a Republican from St. Petersburg. Already the Edgewater City Council and Deltona City Commission have joined in on the class action lawsuit, which is being prepared by the law firm Weiss Serota Helfman Cole + Bierman. Over a dozen local governments are in as of Wednesday, including those of Manatee and Orange counties. Those against SB 180 have argued it infringes on the rights of local governments to exercise home rule, and exacerbates the perceived problems from Florida’s rapid pace of development. The impacts of quick growth can include loss of natural resources, displacement of wildlife, and flooding issues. Gov. DeSantis believes the bill protects homeowners from obstacles to making home repairs or reconstructions following natural disasters such as hurricanes. “They want to go out and restore their home to what it was like before the storm hits, and the local governments are telling them, ‘You can’t do it. You gotta do something else’,” DeSantis said in a press conference earlier this month. “What right do they have to tell you that you can’t rebuild your home?”